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Criminal Sentencing - From: 1999 To: 1999

This page lists 75 cases, and was prepared on 21 May 2019.

 
Regina v McKeown (1999) 7 BNIL 90
1999
CANI

Criminal Sentencing
The Court dismissed appeals against sentences of 12 years imprisonment for conspiracy to rob (following guilty pleas) in circumstances where the offenders, who had no criminal records, burst into the family home of the manageress of a sub post office, their faces masked by balaclavas, with an imitation gun and an iron bar; seized the lady; threatened family members; and demanded that she go to the post office and get £100,000 and all available stamps for them.
1 Citers


 
Regina v X [1999] 2 Cr App R 125
1999

Hughes J
Criminal Sentencing
The defendant said that he had assisted the police, but that the court had given it insufficient weight on sentencing. Held: The court declined to investigate the dispute between the defendant and police officers as to the extent of his assistance. Hughes J set out the applicable principles: i) The information is supplied by the police at the request of the offender;
ii) Without confirmation by the police, an offender's statement that he has provided assistance is unlikely to be of assistance;
iii) As the courts rely so heavily on police confirmation, the greatest care has to be exercised by the police in the provision of the information;
iv) Absent issues of Public Interest Immunity, the text should be shown to counsel for the defence who can discuss it with the offender;
v) There should normally be no question of evidence being given or an issue tried about it. If the offender disagreed, then questioning of the police officer would almost inevitably be contrary to the public interest.
1 Citers


 
Regina v Dhajit [1999] 2 Cr App R (S) 142
1999
CACD

Criminal Sentencing
Sentencing guidelines for supply of drugs.
1 Citers



 
 Regina v A and B; CACD 1999 - [1999] Cr App R S 52
 
Regina v Djahit [1999] 2 Cr App R (S) 142
1999
CACD

Criminal Sentencing
The starting point for sentence in a case of supplying heroin lies in the range of between 5 and 7 years.
1 Citers



 
 Regina v Dossetter and Others; 1999 - [1999] 2 Cr App R(S) 248
 
Torbet v H M Advocate 1999 SLT 113
1999
HCJ
Rodger LJG
Criminal Sentencing, Scotland
The appellant had offended while on licence from a life sentence for murder. When sentencing the trial judge took into account the fact that he posed a moderate risk of future violence to women with whom he had had an intimate relationship. The length of the sentence was held to be excessive on appeal by the High Court of Justiciary, but the judge's approach to the matter was approved: "Although a court will be aware that a particular offender has been recalled by the Secretary of State, who will need to bear in mind the safety of the public in considering his future release from custody under the life sentence, the duty of the court in sentencing him for the particular offence of which he has been convicted is to approach the matter in the usual way. The court will therefore chose the sentence which is appropriate, having regard to the nature of the offence, the previous convictions of the offender and all the other factors which a judge normally takes into account. Among those factors may be the need to choose a period which the court considers will give the public appropriate protection from any risk of reoffending."
1 Citers


 
Regina v Wellman Times, 05 January 1999
5 Jan 1999
CACD

Criminal Sentencing
The sentencing guidelines for sexual assault on children were no longer appropriate because of changes in law. An assault on a daughter's 13 year old friend after plying her with alcohol justified a two year sentence with extended supervision and registration whuch was upheld.
Crime (Sentences) Act 1997

 
Regina v Governor of Wandsworth Prison Ex Parte Sorhaindo Times, 05 January 1999; Gazette, 27 January 1999
5 Jan 1999
QBD

Criminal Sentencing
Time on remand whilst serving term on other offences did not become 'time served' when the appeal against those other sentences succeeded. The appeal did not vitiate the original sentence and justice could be done by adjusting final sentence.
Criminal Justice Act 1967 67

 
Regina v Neville Weekes [1999] EWCA Crim 12
11 Jan 1999
CACD

Criminal Sentencing
The defendant appealed his sentence of 15 months imprisonment for having a bladed article in a public place. Held: Given his record for previous similar offences, a prison sentence was inevitable, but fifteen months was too long, given that even in the altercation which had taken place, the blades were not produced. Nine months substituted.
Criminal Justice Act 1988
[ Bailii ]

 
 Regina v Stack; CACD 12-Jan-1999 - [1999] EWCA Crim 30
 
Regina v Secretary of State for Home Office ex parte Gilkes [1999] EWHC Admin 47; [1999] 1 MHLR 6
21 Jan 1999
Admn
Dyson J
Health, Criminal Sentencing
The prisoner challenged a decision to have her transferred to a mental hospital under scetion 47. Held. It had not been reasonable for the Secretary of State to rely on one of the two medical reports she relied on. However since if the Secretary of State had made further inquiries at the time of the decision to transfer, the decision would have been the same, that he would exercise his discretion against granting relief.
Mental Health Act 1983 47
1 Citers

[ Bailii ]
 
Criminal Proceedings Against Calfa Times, 21 January 1999; C-348/96; [1999] EUECJ C-348/96
21 Jan 1999
ECJ

Criminal Sentencing, European
A provision by a member state that a national from another member state could be expelled for life on conviction for certain drug offences and without consideration of his personal circumstances or the threat posed was contrary to Community law.
ECTreaty 177
[ Bailii ]
 
Adamson v The United Kingdom 42293/98; [1999] ECHR 192; (1999) 28 EHRR CD 209
26 Jan 1999
ECHR

Human Rights, Criminal Sentencing
The Court reached the following conclusion as to the purpose of the notification requirements for sex offenders: "the purpose of the measures in question is to contribute towards a lower rate of reoffending in sex offenders, since a person's knowledge that he is registered with the police may dissuade him from committing further offences and since, with the help of the register, the police may be enabled to trace suspected reoffenders faster."
European Convention on Human Rights
1 Citers

[ Bailii ]

 
 Regina v Clark (J); CACD 27-Jan-1999 - Times, 27 January 1999

 
 Regina v Ellingham; CACD 28-Jan-1999 - Times, 22 March 1999
 
Regina v Frances Lorraine Smethurst [1999] EWCA Crim 201
1 Feb 1999
CACD

Criminal Sentencing
The defendant appealed a sentence of four months for being involved as an undischarged bankrupt in the management of a company. Held: The sentence was appropriate. The behaviour was exaclty that sought to be prevented by the rules against shadow directors.
1 Cites

[ Bailii ]
 
Regina v S Times, 03 February 1999
3 Feb 1999
CACD

Criminal Sentencing
Where a defendant claimed credit for having assisted the police, any note from the police should be endorsed by a senior officer and shown to the parties, though it was inappropriate to call any officer since it was not a matter of evidence.

 
Regina v McEnhill Times, 04 February 1999
4 Feb 1999
CMAC

Criminal Sentencing, Armed Forces
A Court Martial should make allowance, when sentencing, for the exceptional financial penalty implicit in a custodial sentence for a serving officer. Such a sentence could lead to a loss of pension rights, and other penalties which would not suffered by civilians in otherwise comparable circumstances.

 
Regina v Secretary of State for Home Department ex parte Ronald Leonard Easterbrook [1999] EWHC Admin 127
11 Feb 1999
Admn

Criminal Sentencing
A prisoner subject to discretionary life sentence wanted the right to make oral submissions when a decision was made as to his tarriff upon the Lord Chief Justice advising the Secretary of State on his tariff. Held: The Lord Chief Justice was performing an act of sentencing and it was the appropriate to allow him to make oral submissions before that determination was made.
1 Citers

[ Bailii ]
 
Regina v Graham Gazette, 08 April 1999; Times, 23 February 1999
23 Feb 1999
CACD

Criminal Sentencing
It is wrong to describe a sentence, passed lawfully and fully in accordance with sentencing practice, as a miscarriage of justice. Sentencing is an art not a science. Guidelines given to potential Sentencing Commission.

 
In the Matter of an Application for Leave To Apply for Judicial Review Queen v Luton Justices (ex parte Mandy Mason) [1999] EWHC Admin 176
26 Feb 1999
Admn
Owen J
Magistrates, Criminal Sentencing
Fines default case
[ Bailii ]

 
 Regina v Brown; Regina v King; Regina v Mahoney; CACD 5-Mar-1999 - Times, 05 March 1999
 
O'Neill v Her Majesty's Advocate 1999 SCCR 300; [1999] ScotHC 52
9 Mar 1999
HCJ
Lord Justice General and Lord Coulsfield and Lord Sutherland
Criminal Sentencing
The appellant pleaded guilty to an assault with a knife upon a stranger. He had a previous conviction for assault causing severe injury and permanent disfigurement, and two previous convictions for inter alia attempted murder and assault. He had committed the offence libelled while on licence from a sentence imposed for an offence that he had committed while also on licence. He appealed his sentence of life imprisonment with a fixed minimum under the Act of 7 years. The assault on the complainer in this case fitted into a pattern of aggressive behaviour when the appellant was drunk. Held: The purpose of the Act is to determine the punitive period which the prisoner must serve. After that period is over, the prisoner's detention on the ground of the protection of the public must be reviewed by an independent body. The appropriate determinate sentence, ignoring the element of protection of the public, would be six years and the minimum period required to be served as punishment before he could be released on licence would have been three years. In the absence of any particular circumstances indicating that a longer period should have been selected, the appropriate period for the sentencing judge to designate would have been three years.
Prisoners and Criminal Proceedings (Scotland) Act 1993 2(2)
1 Cites

1 Citers

[ Bailii ] - [ ScotC ]
 
Regina v Secretary of State for Home Department ex parte Ali Dinc [1999] INLR 256; [1999] EWCA Civ 990; [1999] EWCA Civ 990
15 Mar 1999
CA

Immigration, Criminal Sentencing, Human Rights
When deciding whether to order a deportation, the Home Secretary will have much material not before the courts, including as to conditions in the place to which the applicant might be deported), and he is better placed to take a wider policy-based view on the key question as to whether removal can be justified as ‘necessary in the interests of a democratic society'.
1 Cites

1 Citers

[ Bailii ]
 
Regina v Hayes Gazette, 17 March 1999
17 Mar 1999
CACD

Criminal Sentencing
It was a proper consideration for a court when sentencing a defendant, to consider whether a victim would genuinely suffer further distress through a longer or more severe sentence, and reduce a sentence accordingly.

 
Darrin Roger Thomas and Haniff Hilaire v Cipriani Baptiste Times, 23 March 1999; [1999] UKPC 13; (Appeal No 60 of 1998); [1999] 3 WLR 249; [2000] 2 AC 1
17 Mar 1999
PC
Lord Millett
Human Rights, Commonwealth, Criminal Sentencing
(Trinidad and Tobago) If the reason for delay in executing a prisoner was the slowness of bodies with whom appeals had been undertaken, that delay itself was not to be considered a good reason for preventing the execution. A delay period above 18m would be disregarded. The phrase 'due process of law' is a compendious expression in which the word 'law' does not refer to any particular law and is not a synonym for common law or statute. Rather it invokes the concept of the rule of law itself and the universally accepted standards of justice observed by civilised nations which observe the rule of law."
1 Citers

[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Regina v H (Indecent Assault) Times, 18 March 1999
18 Mar 1999
CACD

Criminal Sentencing
Since a victim's statement of the effects on him of a criminal act are not tested by cross examination (and a defendant should have no opportunity to do so), a judge about to sentence should take due care before relying too easily upon such a statement.

 
Regina v Secretary of State for Home Department ex parte Ronald Leonard Easterbrook [1999] EWCA Civ 1054
22 Mar 1999
CA
Lord Woolf MR
Criminal Sentencing
A prisoner subject to a discretionary life sentence argued that as the Lord Chief Justice, in advising the Secretary of State on his tariff, was performing an act equivalent to an act of sentencing the appropriate course was to allow him to make oral submissions before that determination was made. Held: The court was satisfied that there was no substance in these submissions. (Woolf) "In coming to that conclusion I bear in mind that the argument is not based upon any dispute as to the facts which an oral hearing would have helped to clarify. The facts in this case were not in issue. Mr Easterbrook had an opportunity of advancing oral submissions before the Judge as to matters that were relevant to sentence and also on the oral hearing before the Court of Appeal. The Lord Chief Justice had the benefit of the full and well drafted submissions to which I have already made reference. I do not believe that an oral hearing could have provided anything which would have influenced the Lord Chief Justice to come to a different conclusion…… I do not consider anything would have been achieved in this case by an oral hearing."
1 Cites

1 Citers

[ Bailii ]
 
Mack v Her Majesty's Advocate [1999] ScotHC 75
23 Mar 1999
ScHC

Criminal sentencing

[ Bailii ]
 
Regina v Stephen Atherton Mallett Erroll Collins [1999] EWCA Crim 873
26 Mar 1999
CACD

Criminal Sentencing
Appeals against sentence of 10 years for two counts of being concerned in the supply of class A drugs (crack cocaine and heroin). Held: 8 years substituted.
[ Bailii ]
 
Regina v Secretary of State for the Home Department Ex Parte Dinc Times, 29 March 1999
29 Mar 1999
CACD

Criminal Sentencing
A Home Secretary's decision to deport a visitor with indefinite leave to stay but who had been convicted of drug trafficking, and the judge had recommended deportation, was correct having properly balanced the seriousness of the offence and compassion.

 
Regina v Hayes Times, 05 April 1999
5 Apr 1999
CACD

Criminal Sentencing
A court could allow for the effect on a victim of the offence, and also on the effect on the victim of the sentence. The offender's victim was his grandmother who would be adversely affected by his imprisonment, and an alternative approach was correct.

 
T and V v The United Kingdom Gazette, 08 April 1999; (1999) 30 EHRR 12
8 Apr 1999
ECHR

Criminal Practice, Children, Criminal Sentencing
Public trial in an adult court of juvenile charged with murder and imposition of a sentence of detention during Her Majesty's pleasure with a tariff of fifteen years fixed by a member of the executive. The trial of two ten year olds in a public forum, under intense public scrutiny, made the trial unfair: "it is essential that a child charged with an offence is dealt with in a manner which takes full account of his age, level of maturity and intellectual and emotional capacities, and that steps are taken to promote his ability to understand and participate in the proceedings". A punitive measure should be set by the courts, and not by a political process, and a long sentence for a child must allow for later developments: "the fixing of a minimum term was part of the proceedings and amounted to a sentencing exercise; that article 6(1) was therefore applicable; that that article guaranteed a fair hearing by an impartial tribunal independent of the executive; and that the Secretary of State was clearly not independent of the executive."
1 Cites

1 Citers


 
Regina v Hill (Norman David Williams) Times, 13 April 1999
13 Apr 1999
CACD

Criminal Sentencing
The equality of maximum sentences between offences does not mean they are of equal seriousness. Possessing a prohibited firearm by a prohibited person is likely to be more serious than possession of a firearm or shotgun without a certificate.
Firearms Act 1968 1 2 21

 
Regina v Siliavski [1999] EWCA Crim 1032; [2000] 1 Cr App R (S) 23
19 Apr 1999
CACD

Criminal Sentencing
Appeal against sentence of 12 months for possession of four forged Greek passports.
1 Citers

[ Bailii ]
 
R v Hill (Norman David Williams) Gazette, 21 April 1999
21 Apr 1999
CACD

Criminal Sentencing
The equality of maximum sentences between offences does not mean they are of equal seriousness. Possessing a prohibited firearm by a prohibited person is likely to be more serious than possession of a firearm or shotgun without a certificate.
Firearms Act 1968 1 2 21


 
 Regina v Weekes; CACD 4-May-1999 - [1999] EWCA Crim 1225; [1999] 2 Cr App R 520
 
Browne v The Queen Times, 11 May 1999; [1999] UKPC 21; [2000] 1 AC 45
6 May 1999
PC
Lord Slynn of Hadley, Lord Mackay of Clashfern, Lord Clyde, Lord Hobhouse of Woodborough, Sir Patrick Russell
Constitutional, Commonwealth, Criminal Sentencing
(St Christopher and Nevis) The appellant had been convicted of murder whilst still a youth. He had accordingly been sentenced to be detained 'during [the Governor-General’s] pleasure; and if so sentenced he shall be liable to be detained in such place and under such conditions as the Administrator in Council may direct and, while so detained, be deemed to be in legal custody.' Held: It was inconsistent with the doctrine of the separation of powers, that a person sentenced to be detained during the Governor General's pleasure, should have the length of sentence decided by the Governor, who is part of the executive not the judiciary. The term "during pleasure" is to be "not a once and for all assessment that is made at the time that the defendant is first before the court after his conviction." The unconstitutionality could be repaired by ensuring that the decision was made by a court.
1 Cites

1 Citers

[ Bailii ] - [ PC ]

 
 Regina v Evans (Cheryl); CACD 18-May-1999 - Times, 08 June 1999; [1999] EWCA Crim 1437; [2000] 1 Cr App R (S) 144,
 
Regina v Lynn Times, 18 May 1999
18 May 1999
CACD

Criminal Sentencing
A person having an unsheathed knife with him, and who used it to kill another, albeit otherwise in self-defence must still expect a custodial sentence. The knife had been obtained before any confrontation. 3-4 years was the correct sentence.

 
In the Matter of 'S' and In the Matter of Drug Trafficking Act 1994 [1999] EWHC Admin 466
20 May 1999
Admn

Criminal Sentencing

Drug Trafficking Act 1994
[ Bailii ]

 
 Regina v Liddle and Hayes; CACD 24-May-1999 - Times, 26 May 1999; Gazette, 09 June 1999; [1999] EWCA Crim 1493; [2000] 1 CR App R(S)
 
Nankissoon Boodram (also known as Dole Chadee) and Others v Cipriani Baptiste (Commissioner of Prisons) and Others Times, 01 June 1999; [1999] UKPC 30; [1999] UKPC 29
26 May 1999
PC

Criminal Sentencing, Human Rights, Commonwealth
(Trinidad and Tobago) Where hanging was the only means for the carrying out of the death penalty, it was a lawful method of execution, and not necessarily cruel and unusual, despite evidence of the suffering caused by the process. A rule in the constitution preventing such punishment was disapplied because the procedure was already in existence when the constitution was passed, and the constitutoin preserved existing punishments.
[ Bailii ] - [ Bailii ] - [ PC ] - [ PC ] - [ PC ] - [ PC ] - [ PC ] - [ PC ]
 
Evans, Regina v [2000] 1 Cr App R (S) 144; [1999] Crim LR 758; [1999] EWCA Crim 1537
27 May 1999
CACD
Mantell LJ, Blofeld J
Criminal Sentencing
Renewed application for leave to appeal against three year sentence for serious organised benefit fraud. Held: "with some misgivings, we have come to the conclusion that this appeal must be allowed, and that taking into account such limited personal mitigation as there was following a contested trial, the sentence of three years must be quashed and replaced by a sentence of two years' imprisonment concurrent on each count. To that extent this appeal against sentence is allowed. "
[ Bailii ]
 
Regina v Medway Youth Court ex parte A Times, 30 June 1999; [1999] EWHC Admin 533
10 Jun 1999
Admn

Criminal Sentencing
The powers of a Youth Court to impose detention in a secure training centre are quite new powers, and are not limited by previous rules limiting a total sentence to six months. The limits covered explicitly certain sentences, and not the new ones. It was therefore possible for a Youth Court to impose a sentence under the new provisions of up to two years.
Criminal Justice and Public Order Act 1994 1
[ Bailii ]

 
 Clarke, Regina v; CACD 15-Jun-1999 - [1999] EWCA Crim 1645
 
Regina v Spearman [1999] EWCA Crim 1850
1 Jul 1999
CACD

Criminal Sentencing
The defendant appealed against two consecutive sentences imposed in respect of assaults on the Customs officers on his arrest. After being arrested he was allowed to collect some clothing, at which point, he picked a baseball bat and hit the officers. The complaint was that there were two consecutive sentences of four months. Held: Though no serious injury was caused, the totality was what the court had to look at. Eight months remained correct even on a view that the sentences might not have been consecutive.
[ Bailii ]

 
 Berry, Regina v; CACD 14-Jul-1999 - [1999] EWCA Crim 1971; [2000] 1 Cr App R(S) 352

 
 Regina v Chapman; CACD 22-Jul-1999 - Times, 02 August 1999; [1999] EWCA Crim 2056; [2000] 1 Cr App R 77; [2000] 1 Cr App R (S) 377; [1999] Crim LR 852
 
Regina v Rayner [1999] EWCA Crim 2103; [2000] 2 Cr App R (S) 129
27 Jul 1999
CACD

Criminal Sentencing

1 Citers

[ Bailii ]
 
Attorney General's Reference No 26 of 1999 Under Section 36 of Criminal Justice Act 1988; Regina v Gastinger [1999] EWCA Crim 2116; [2001] CAR (S) 394
29 Jul 1999
CACD

Criminal Sentencing, Road Traffic
The AG sought to refer to the court as unduly lenient a sentence of 100 hours community service for causing death by dangerous driving. The had been seen driving erratically along the M6, when he veered onto the hard shoulder colliding with an unlit vehicle, killing the driver. Held: Falling asleep at the wheel usually involves a period during which a driver is conscious of drowsiness and difficulty in keeping his or her eyes open. The proper course for a driver in such a position to adopt is to stop driving and rest.
Criminal Justice Act 1988 36
[ Bailii ]
 
Regina v Ricky Duck [1999] EWCA Crim 2169
3 Aug 1999
CACD
Lord Justice Roch, Mr Justice Rougier, Mr Justice Wright
Criminal Sentencing, Road Traffic
The defendant appealed a sentence of four years for causing death by dangerous driving. He had overtaken in a lorry, crossing double white lines, and crashing into a car coming the other way. He was of previous good character and genuinely remorseful. The sentence appeared to exceed the tariff. Held: The sentence was for an offence which was a calculated risk, described by other witnesses, as suicidal and sheer madness. The sentence stood.
1 Cites

[ Bailii ]
 
Criminal Proceedings Against Nunes and An Case C-186/98 Times, 05 August 1999
5 Aug 1999
ECJ

Criminal Sentencing
It was possible for a member state implementing European legislation to provide for criminal sanctions for the breach of the regulations even though the original European Directive provided only for civil remedies. This could be done in pursuance of the member state's own financial interests in the avoidance of civil penalties.


 
 Regina v Buckley; CACD 17-Aug-1999 - [1999] EWCA Crim 2217
 
Regina v Home Office, Ex Parte A Times, 22 August 1999
22 Aug 1999
QBD

Criminal Sentencing
Any remand which restricted freedom, even if in insecure accommodation should be counted to reduce the time later to be spent in custody. The home was not designated, and the appellant had flouted the restrictions imposed upon him during his stay, but the stay nevertheless amounted to a restriction on his freedom.

 
Regina v Merrywaether Times, 02 September 1999
2 Sep 1999
CACD

Criminal Sentencing
For an offence of causing death by dangerous driving, a sentence of imprisonment remained appropriate even though there were none of the aggravating features listed in the case of R v Boswell ([1984] 1 WLR 1947) applied, and even despite the presence of substantial mitigation. In this case though it was proper to substitute a sentence of four months.

 
Neil Grant Murray, Mark James Hartley and Steven Simpson v Her Majesty's Advocate
19 Sep 1999
HCJ
Lord Bonomy and Lord Justice Clerk and Lord Marnoch
Scotland, Criminal Sentencing
The defendants appealed against sentence. The first and second were youths who had been convicted of a vicious and homophobic murder, and had been sentenced to be detained without limit of time. The third had also been convicted of a savage and brutal murder committed whilst a youth, and had received a sentence under the 1989 Act in the same terms. There was no provision for the possibility of release after a specified time. The Lord Justice General had certified the times to be served. They argued that the sentences included an element of deterrence, which had not been allowed for under the Act. Held: there had been an extension of the system for reviewing the sentences of discretionary life prisoners, whose sentences had already been imposed before the Act and who had been under 18 at the time. Their Lordships set out the procedures under the 1997 Act. The same list of considerations applied as would apply when the court considered the sentence in the first place, including anything which might have been put forward by way of mitigation or aggravation. Discretionary life sentences were imposed just because the court was concerned at the need to protect the public. It includes an element to reflect the crime and a part to protect the public. The Act intended to fix the first part after the event so that the need to protect the public could be tested before the parole board. The O'Neill case was not a good guide for dealing with discretionary sentences. One minimum period was adjusted, the others remained.
Crime and Punishment (Scotland) Act 1997 16(2) - Prisons (Scotland) Act 1989 26(1)
1 Cites

[ ScotC ]
 
Neil Grant Murray, Mark James Hartley and Steven Simpson v Her Majesty's Advocate [1999] ScotHC 223
19 Sep 1999
ScHC

Scotland, Criminal Sentencing

[ Bailii ]
 
Regina v Bladen Times, 13 October 1999
13 Oct 1999
CACD

Criminal Sentencing
Where an offender committed a further offence whilst on release under licence, it was important and proper for a court to order that the remainder of the sentence be served. Any sentence for the offence committed on licence should be consecutive and separate and not itself compounded by the offence being committed whilst on licence.
Criminal Justice Act 1990 40

 
Regina v Berry Times, 20 October 1999
20 Oct 1999
CACD

Criminal Sentencing
In the absence of evidence from the defendant as to the value of the drugs found, where the quantity was substantial it was right to apply some discount, in this case twenty per cent, on the basis that he would have received some wholesale discount, before making a confiscation order.
Drug Trafficking Act 1994

 
Regina v Rawlinson Times, 27 October 1999
27 Oct 1999
CACD

Criminal Sentencing
Where a court sentenced an offender for an offence which would carry the obligation for the offender to be placed on and remain on the sex offenders register, the court had no obligation to inform the defendant of the time for which his name would remain on the register, and therefore a mistake in the time told to him did not vitiate the order.
Sex Offenders Act 1997

 
Regina v F, R v S Times, 29 October 1999
29 Oct 1999
CACD

Criminal Sentencing
When a young offender is ordered to return to prison to serve the remainder of a sentence after offending whilst on release on licence, the order is a new sentence, and when combined with the order for the offence giving rise to that order, cannot exceed the two year maximum total.
Criminal Justice Act 1991 40

 
Regina v Evans (Andrew) Times, 16 November 1999
16 Nov 1999
CACD

Criminal Sentencing, Company
The Act was not solely punitive in its nature. The intention was, in addition, to provide protection to the public and other traders from the defendants activities. This meant that there need be no mathematical link between the length of any custodial sentence, and the length of any ban from acting as a company director.
Company Directors Disqualification Act 1986

 
Regina v Dixon Times, 24 November 1999
24 Nov 1999
CACD

Criminal Sentencing, Financial Services, Company
It was wrong to imprison a company director for non-payment of pension contributions required to be made by the company where such amounts had been deducted from wages for this purpose, save in the presence of a fraudulent evasion. There was already a civil penalty imposed, and new legislation was to replace the offence of late payment with and offence of fraudulent evasion.
Pensions Act 1995 49 (8)

 
Martin v Director of Public Prosecutions Times, 30 November 1999; Gazette, 08 December 1999
30 Nov 1999
QBD

Road Traffic, Criminal Sentencing
When a driver suffers an obligatory disqualification through a drink driving offence, the court may not at the same time impose on his licence additional penalty points for offences associated with the events of the drink driving offence. The 1988 Act was a consolidating act, and was not to be construed so as to change the law in the absence of clear intention. The omission of certain words was not enough to evince that intention.
Road Traffic Offenders Act 1988 44(1) - Road Traffic Act 1972 9(1)(a)


 
 Regina v McNally; CACD 1-Dec-1999 - Times, 01 December 1999
 
Regina v Gillette Times, 03 December 1999
3 Dec 1999
CACD

Criminal Sentencing
A pre-sentence report will be almost universally required before passing a first time custodial sentence. The only exception should be for very short sentences, or where a defendant requested that the court go straight to sentence.

 
Regina v Endicott Times, 03 December 1999
3 Dec 1999
CACD

Criminal Sentencing, Children
A sentence of life imprisonment imposed upon a youth of 14 for the offence of arson with intent to damage property or recklessness as to whether damage would be cause was wrong in principle and manifestly excessive. There is no sentence in such situations which can properly balance the welfare needs of the child and the needs of the public.
Children and Young Persons Act 1933 53(3) - Crime (Sentences) Act 1997 28

 
Director of Public Prosecutions v Humphries Times, 03 December 1999
3 Dec 1999
QBD

Road Traffic, Criminal Sentencing
Following a conviction for driving with excess alcohol, the defendant argued that the short (nil) distance driven constituted a special reason for not disqualifying him. The court said that the magistrates were entitled to take into account the defendant's intention, over and above what had actually been achieved by him in driving away.
Road Traffic Act 1988 5(1)(a) - Road Traffic Offenders Act 1988 Sch 2
1 Cites


 
Regina v Peterborough Crown Court and Another, Ex Parte L Times, 07 December 1999; Gazette, 07 January 2000
7 Dec 1999
QBD

Criminal Sentencing
Even though serving time as a sentenced prisoner, a suspect awaiting trial was entitled to the protection of the custody time limits, and the judge had no power to refer to any common law to suspend the running of those limits. The judge could not refuse to adjudicate on the prosecutions application to extend the custody time limits.
Prosecution of Offences (Custody Time Limits) Regulations 1987 (1987 No 299)

 
Regina v Saunders Times, 28 January 2000; Gazette, 08 December 1999
8 Dec 1999
CACD

Criminal Sentencing, Discrimination
Having been convicted of assault occasioning actual bodily harm which assault was racially aggravated, the defendant was sentenced to 42 months imprisonment. On appeal against sentence, the court said the presence of racially aggravating features should add up to two years to the sentence which would otherwise be passed. Nevertheless the court should still take into account the various facets of that aggravating element as present in this case.
Offences against the Person Act 1861 47


 
 Higgs and Mitchell v The Minister of National Security and others; PC 14-Dec-1999 - Times, 23 December 1999; [1999] UKPC 55; [2000] 2 AC 228; [1999] 1 WLR 1679
 
V v The United Kingdom; T v The United Kingdom 24888/94; (1999) 30 EHRR 121; Times, 17 December 1999; ECHR 1999-IX; 24724/94; [1999] ECHR 170; [1999] ECHR 171; [1999] Prison LR 189; [2000] 2 All ER 1024; 7 BHRC 659; [2000] Crim LR 187; 12 Fed Sent R 266; [2000] 30 EHRR 121
16 Dec 1999
ECHR

Human Rights, Criminal Sentencing, Prisons
The claimant challenged to the power of the Secretary of State to set a tariff where the sentence was imposed pursuant to section 53(1). The setting of the tariff was found to be a sentencing exercise which failed to comply with Article 6(1) of the European Convention in that the decision maker was the Secretary of State rather than a court or tribunal independent of the executive. Held: In order for a punishment or treatment associated with it to be “inhuman” or “degrading”, the suffering or humiliation involved must in any event go beyond that inevitable element of suffering or humiliation connected with a given form of legitimate treatment or punishment.
European Convention on Human Rights 3 6.1
1 Cites

1 Citers

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T v United Kingdom (Application 24724/94); v v United Kingdom (Application 24888/94) Times, 17 December 1999
17 Dec 1999
ECFI

Criminal Sentencing, Human Rights, Administrative
It was a breach of the human rights of a prisoner for a member of the Executive to set his sentencing tariff. That matter had to be decided by a court, or subject to a review by a court. The trial of young children in a very public forum had effectively denied to them any ability to participate in their own defence, and so had also been in breach of their rights to a fair trial. The trial itself of a ten year old was not necessarily inhuman or degrading treatment.
European Convention on Human Rights Art 3, 6

 
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