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Criminal Sentencing - From: 2004 To: 2004

This page lists 137 cases, and was prepared on 21 May 2019.

 
Regina v Lunnon [2004] 1 Cr App R(S) 24; [2004] EWCA Crim 1125
2004
CACD
Eady J
Criminal Sentencing
The defendant admitted conspiring to supply cannabis on the basis that he had derived no financial benefit from his involvement in the conspiracy, although he had been promised £200 for his role in transporting a sum of money for the purchase of the drugs. He had also driven a van in which the drugs were concealed without any discussion regarding additional payment. It was also conceded by the Crown that it accepted that he had had no prior involvement in drug trafficking. He was ordered to pay £12,371 under a confiscation order on the basis that a Golf car he was assumed to own was a benefit which he had derived from drug trafficking. The judge had applied s4(3) saying that there was nothing to displace the assumptions in the light of the defendant's lies and a paucity of documentation in respect of his business. Held: The confiscation order was quashed. "It is thus apparent that the learned judge put to one side in this context the agreed basis of plea and, in particular, the acknowledgment of the Crown that the appellant had no previous involvement in drug trafficking." The court considered a suggestion that an order could be made for previous drug trafficking: "No doubt one could envisage circumstances where the Crown has discovered prior to the conclusion of a confiscation hearing that such a concession has been wrongly made. Further information may have come to light which demonstrates this to have been the case. In such circumstances, the appropriate course would be for the Crown to notify the defendant that the concession has been withdrawn and that, accordingly, he will have the choice of proving on the balance of probabilities that he was, after all, a first-time offender, or of inviting the court to be satisfied that there would be a serious risk of injustice, for some other reason, if the statutory assumption were to be applied. What is plainly unacceptable is for the concession to be made part of the sentencing process, without qualification, but for reliance to be placed, tacitly, on the assumptions when it comes to the confiscation hearing."
Drug Trafficking Act 1994 4(3)
1 Citers


 
Regina v Monfries [2004] 2 Cr App R(S) 3
2004
CACD

Criminal Sentencing
The appellant had arranged for sums of money totalling 30,000 pounds to be transferred from England to Jamaica at the request of a man she knew. There was no evidence of any financial gain. She said that she did not know the provenance of the money. She had two children to look after. She had two minor previous convictions. The court considered the sentencing levels for money laundering offences. She had denied the offence. Held: The court reduced her two year sentence to one of 15 months' imprisonment.
There were no guidelines for this offence, given that they vary so much. Among the considerations are: "(ii) There is not necessarily a direct relationship between the sentence for the laundering offence and the original antecedent offence. Where, however, the particular antecedent offence can be identified, some regard will be had to the appropriate sentence for that offence, when considering the appropriate sentence for the laundering offence.
(iii) The criminality in laundering is the assistance, support and encouragement it provides to criminal conduct.
(iv) Regard should be had to the extent of the launderer's knowledge of the antecedent offence.
(v) The amount of money laundered is a relevant factor."
1 Citers


 
Regina v Stanca [2004] 1 Cr App R (S) 265
2004
CACD

Criminal Sentencing
Sentence for possession of false passport.
1 Citers


 
Regina v Rayworth [2004] 1 Cr App R (S) 75
2004
CACD

Criminal Sentencing
The defendant appealed against his sentence of two and a half years for perverting the course of justice. Held: The sentence was upheld.
1 Citers


 
Regina v Reyworth [2004] 1 Cr App R (Sentencing) 441
2004
CACD
Mr Justice Stanley Burnton
Criminal Sentencing
The court discused sentences in cases involving perverting the course of justice: "cases such as the present must depend on their own facts".
1 Citers


 
Regina v Hall [2004] EWCA Crim 2671
2004
CACD

Criminal Sentencing, Road Traffic
The court considered the propriety of making an anti-social behaviour at the same time as sentencing for traffic offences: "There is nothing wrong in principle in making such an order when there are driving offences of such a regularity and type and in such an area that they do constitute anti-social behaviour."
1 Citers


 
Regina v Holliday and Leboutillier [2005] 1 Cr App R(S) 349; [2004] EWCA Crim 1847
2004
CACD

Criminal Sentencing
The appellants were animal liberation activists who had pleaded guilty to causing a public nuisance by making a large number of telephone calls to employees and shareholders of certain companies whose activities the appellants opposed. The calls were designed to jam the company telephone switchboards, and some of them were threatening and intimidating. They appealed their sentences. Held: The sentences of 18 months' and five years' imprisonment were reduced to nine months' and 30 months'.
1 Citers


 
Regina v Lowrie [2005] 1 Cr App R(S) 530; [2004] EWCA Crim 2325
2004
CACD

Criminal Sentencing
The defendant had pleaded guilty to causing a public nuisance. He had made repeated false alarm calls to the emergency services. He appealed his sentence of eight years imprisonment on twelve counts. Held: The appeal failed.
1 Citers


 
Regina v Hood [2004] 1 Cr App R (s) 73
2004
CACD

Criminal Sentencing
The defendant had been convicted of the manslaughter by gross negligence of his wife. On 14 March 2002 she had suffered a fall at home fracturing a number of bones including her right leg and hip. The defendant sought no medical help until 4 April 2002 by which time his wife was debilitated, very thin and suffering pressure sores. She did not survive her admission to hospital. The defendant appealed against sentence. Held. The fact that the deceased was unwilling to go to hospital and that she could have sounded an alarm which would have been heard by the warden at their home were treated as mitigating features.
1 Citers


 
Regina v Lazarus [2005] 1 Cr App R(S) 98; [2004] EWCA Crim 2297
2004
CACD

Criminal Sentencing
The defendant had admitted supplying cocaine and possession. In searches of his home, police found drugs and £13,880 cash on one occasion and £600 on another. His basis of plea, however, was that he had allowed his home to be used for the six month period charged in the indictment as a safe house for the storage of money for someone else; and that the drugs found were for his own use. The issue on the confiscation proceedings was whether the substantial sums of money passing through the defendant's bank account in the previous six years were the proceeds of drug trafficking. The sentencing judge applied the statutory assumptions in section 10, disbelieved the defendant, who gave evidence, and found that the relevant sums amounted to £51,345. It was submitted on appeal that because Lazarus's basis of plea was accepted, there must be a serious risk of injustice if the statutory assumption was made in relation to any money passing through his hands other than during the six-month period when he admitted that he was involved in the supply of cocaine by storing money for the dealer. Held: The basis of plea was not inconsistent with prior drug trafficking, the Crown had not agreed that there had been no previous trafficking, the defendant had known perfectly well from shortly after the acceptance of his plea that the Crown were seeking to rely on the statutory assumptions and had had ample opportunity to rebut them. The confiscation order in the amount found by the judge was upheld (but corrected).
Proceeds of Crime Act 2002 10
1 Cites

1 Citers


 
Regina v Beaney [2004] 2 Cr App R(S) 82; [2004] EWCA Crim 449
2004
CACD

Criminal Sentencing

1 Citers


 
Regina v Alkazraji Times, 02 March 2004
27 Jan 2004
CACD
Woolf LCJ, Moses, Leveson JJ
Criminal Sentencing
The defendant appaled a sentence of twelve months for offences of theft and obtaining property by deception. She was pregnant. The judge calculated that she would be released under the electronic tagging scheme before the confinement. Held: The judge was wrong to take into account when sentencing what was an extra-statutory and discretionary scheme. A two year community rehabilitation order was substituted.

 
Regina v Cox (Jacqueline) Times, 20 February 2004
27 Jan 2004
CACD
Lord Woolf, LCJ, Moses, Levenson JJ
Criminal Sentencing, Animals
The defendant had been sentenced to nine months imprisonment for the aggravated offence of failing to control her dogs. Held: Parliament clearly intended that imprisonment should be available to the courts in approriate circumstances. The court was correct to take into account the effects of the offence, in this case a very severe mauling of a young child. Imprisonment was appropriate, but the sentence was reduced to three months. A 10 year ban on keeping dogs remained.
Dangerous Dogs Act 1991 3(1)

 
Regina v Wilson (John) Times, 12 February 2004
27 Jan 2004
CACD
Woolf LCJ, Moses J, Leveson J
Criminal Sentencing
The defendant had offered to plead guilty if the prosecution accepted his plea on other counts. He complained that he had been given insufficient credit. Held: Full credit was not available for a conditional plea. A full trial had been arranged and expense incurred. It was undesirable to leave discussion of the pleas from the plea and directions hearing until the morning of the trial.

 
Hindawi and Another v Secretary of State for the Home Department Times, 05 February 2004; [2004] EWHC 78 (Admin)
29 Jan 2004
Admn
McCombe J
Criminal Sentencing, Prisons, Human Rights
The prisoner was subject to a long term of imprisonment, and also to a deportation order which was to take effect upon his release. He complained that, because of the latter, he had not been considered for parole, and that this was discriminatiry. Held: The difference in treatment occurred because of the nationality of the prisoner. Such a decision in respect of French nationals would be discriminatory. It was not for the court to speculate as to the reasons for the policy, but it was discriminatory and unlawful.
Criminal Justice Act 1991 31 - European Convention on Human Rights 14
1 Citers

[ Bailii ]

 
 Silcock and Another, Regina v; CACD 29-Jan-2004 - [2004] EWCA Crim 408; 2004] 2 Cr App Rep (S) 61; [2004] Crim LR 493
 
Nejad, Regina (on the Application of) v Secretary of State for the Home Department [2004] EWCA Civ 33; Times, 13 February 2004; Gazette, 04 March 2004
3 Feb 2004
CA

Criminal Sentencing
The Lord Chief Justice had expressed his view as to the proper determinitive part of the defendant's life sentence, but the Home Secretary had declined to give effect to it. Held: In the few remaining cases transitional between the former and newer systems for setting the sentence to be served by life prisoners, the Home Secretary had a duty to abide by the expressed view of the Lord Chief Justice. Here, evidence had become available after the trial which might well have persuaded the judge at trial to have recommended a shorter determinative part of the sentence. The Home Secretary exercising his current power was under a duty to do what the judge should have done. The Home Secretary had given no reason for not following the advice.
Criminal Justice Act 1991 21
[ Bailii ]
 
Regina v Parkin (Shane Tony) Times, 19 February 2004; [2004] EWCA Crim 287; 2 Cr App R (S) 63
3 Feb 2004
CACD
Lord Woolf LCJ, Richards, Henriques JJ
Criminal Sentencing
The defendant had admitted assault with intent to rob, four attempted robberies, and four false imprisonments. He appealed his sentence of four years detention in a Young Offenders Institution to be followed by a two year anti-social behaviour order to be activated upon his release. Held: The sentence was reduced to three years, and the ASBO revoked. Courts had to assume that the service of a sentence would go some way to improve a defendant's behaviour and therefore an order to follow a long term of imprisonment would usually be incorrect. It might be appropriate, according to the circumstances, to impose a geographical restriction. Any order must be to protect the public, must be precise and comprehensible to the offender, must state the facts upon which it is based, must be explained to him, and the order must be pronounced in court and reduced to a written form which accurately reflected that pronouncement.
Crime and Disorder Act 1998 1C
1 Citers

[ Bailii ]

 
 Regina (Smith) v Secretary of State for the Home Department; and similar; CA 11-Feb-2004 - [2004] EWCA Civ 99; Times, 18 February 2004; Gazette, 11 March 2004; [2004] QB 1341
 
Regina v Lydiate [2004] EWCA Crim 245
13 Feb 2004
CACD
Sir Edwin Jowitt Lord Justice Mance Mr Justice Wakerley
Crime, Criminal Sentencing
Conspiracy to murder
[ Bailii ]

 
 Regina v Egan (Paul); CACD 16-Feb-2004 - Times, 09 March 2004
 
Pearson, Re, Attorney General's Reference No 1 of 2004 [2004] NICA 6
20 Feb 2004
CANI

Northern Ireland, Criminal Sentencing
The Sentencing Advisory Panel consultation paper published in April 2003 should be regarded as providing authoritative guidance as to levels of sentencing in robbery cases. R -v- Turner [1975] 61 CAR 67 remained the touchstone for sentencing ranges.
1 Cites

1 Citers

[ Bailii ]
 
Regina v Mee Times, 01 April 2004; [2004] EWCA Crim 629
23 Feb 2004
CACD
Laws LJ, Newmand, Keith JJ
Criminal Sentencing
The defendant appealed against a travel restriction order made on his conviction on a plea for fraudulent evasion of the prohibition on importation of a controlled drug. Held: When making any such order the court was obliged to give reasons. The court should start with the particular circumstances and then allow first for the public interest of preventing re-offending and then any effect on the defendant's ability to work, and any mitigation.
Criminal Justice and Police Act 2001 33 - Customs and Excise Management Act 1979 170(2)
1 Citers

[ Bailii ]
 
White, Regina (on the Application of) v the Justices of Barking Magistrates' Court [2004] EWHC 417 (Admin)
25 Feb 2004
Admn
Stanley Burnton J
Criminal Sentencing, Magistrates
A court was correct to refuse to enforce an expectation which was assumed to be otherwise legitimate on the basis that a sentence passed in accordance with that expectation would have been outside the range available to the sentencing court and therefore unlawful.
1 Citers

[ Bailii ]

 
 Wiles, Regina v; CACD 4-Mar-2004 - [2004] EWCA Crim 836; [2004] 2 Cr App Rep (S) 88
 
Regina v Deprince [2004] EWCA (Crim) 524; Times, 16 March 2004
9 Mar 2004
CACD
Mr Justice Butterfield Lord Justice Mantell
Criminal Sentencing
The defendant appealed against a confiscation order made under the drug trafficking legislation. The judge had made a finding that there would be a serious chance of unfairness in the order but had continued nonetheless, by reducing the relative proportion ordered. Held: It could not be the law that if the judge found a serious risk of injustice in making an order in respect of a particular asset, he would be precluded from making an order with respect to other assets in that same class. The judge had not said that 25% came from legitimate resources, but that the discount was generous to the defendant in his estimated assessment. That approach was sensible.
Drug Trafficking Act 1994 4(4)(b)
1 Cites

[ Bailii ]
 
Flynn, Meek, Nicol and McMurray v Her Majesty's Advocate Times, 18 March 2004; [2004] UKPC D1
18 Mar 2004
PC
Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Carswell
Scotland, Criminal Sentencing, Human Rights, Constitutional
PC (High Court of Justiciary) The applicants had each been convicted of murder, and complained that the transitional provisions for determining how long should be served under the life sentences infringed their Human Rights, the Act being made outside the competence of the Scottish Parliament. Held: The 2001 Act incorporated the Human Rights Convention into Scottish law. It should not be taken to take away any existing right. Accordingly when deciding the punitive part of a punishment so as to prevent reference of his case to the Parole Board, the court must take account any date already set for such a hearing.
Prisoners and Criminal Proceedings (Scotland) Act 1993 2 - Convention Rights (Compliance) (Scotland) Act 2001
1 Cites

1 Citers

[ PC ] - [ Bailii ]
 
Regina v Pells Attorney-General's Reference (No 92 of 2003) Times, 21 April 2004
22 Mar 2004
CACD
Rose LJ, Crane, Hunt JJ
Criminal Sentencing
Appeal was made against a sentence thought unduly lenient. The defendant was convicted of a racially aggravated assault occasioning actual bodily harm. Held: There should be a serious increase in the penalty where a crime is racially aggravated, but this was not to be a calculation derived from the new maximum penalties.
Crime and Disorder Act 1998


 
 Thompson v Regina; CACD 26-Mar-2004 - [2004] EWCA Crim 669; Times, 16 April 2004
 
Attorney General's Reference No 25 of 2004 [2004] EWCA Crim 1203
28 Apr 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Attorney General's Reference No 19 of 2004 [2004] EWCA Crim 1239
28 Apr 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Attorney-General's Reference No 6 of 2004 Times, 06 May 2004
29 Apr 2004
CACD
Latham LJ, Cox J, Beaumont QC
Criminal Sentencing
The Attorney-General appealed the sentences as unduly lenient. The defendant had brought to England several young girls and held them as captive prostitutes. Held: In view of the commercial and organised nature of the crimes, the sentence of 10 years in total was too light. Recognising the different factual backgrounds, the court ordered the sentences involving importation to be served consecutively to the sentences for offences against the girls after arrival, creating a sentence of 23 years.

 
M and W, Regina (on the Application of) v West London Youth Court [2004] EWHC 1144 (Admin)
30 Apr 2004
Admn
Leveson J
Magistrates, Criminal Sentencing
The court considered how the sentencing of a youth should be approached: "Whether there is a real prospect that a custodial sentence of, or in excess of, 2 years might be required, or is there any unusual feature of this case which might justify a sentence of less than two years, pursuant to section 91(3), for which purpose the absence of a power to impose a detention and training order because the offender is under the age of 15 is not an unusual feature?"
Magistrates' Court Act 1980 24
1 Citers

[ Bailii ]
 
O'Connell, Re Attorney General's Reference Number 2 of 2004 [2004] NICA 15
30 Apr 2004
CANI

Criminal Sentencing

[ Bailii ]
 
Regina v D (Contempt of Court: Illegal Photography) Times, 13 May 2004
4 May 2004
CACD
Lord Woolf LCJ, Aikens Fulford JJ
Criminal Sentencing
The defendant was caught taking photographs in court using his mobile phone. He appealed his sentence of twelve months imprisonment for contempt of court. Held: The sentence was appropriate. The photography of witnesses and other such uses posed a real threat to and was a major problem in the workings of the court system. No particular malice had been shown in this defendant, and the sentence was severe, but it was not so severe as to allow interference.

 
Attorney General Reference No 4 of 2004; Re Green [2004] EWCA Crim 1197
4 May 2004
CACD

Criminal Sentencing
A-G's appeal from unduly lenient sentence of 4 years for offences of aggravated burglary and two counts of robbery. Held: Granted. 6 years substituted.
1 Citers

[ Bailii ]
 
Lunnon v Regina [2004] EWCA Crim 1125; [2005] 1 Cr App Reports (S) 111
5 May 2004
CACD
Eady J
Criminal Sentencing
The Crown had conceded that the appellant had had no prior involvement in drug-trafficking before the conspiracy in question which led to the confiscation proceedings. Held. Such a concession should not be ignored unless and until it was withdrawn.
1 Citers

[ Bailii ]
 
Attorney General's Reference No 26 of 2004 [2004] EWCA Crim 1384
6 May 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Attorney General's Reference No 5 of 2004 [2004] EWCA Crim 1625
17 May 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Regina v Collard Times, 07 June 2004; [2004] Crim LR 757; [2004] EWCA Crim 1664; [2005] 1 Cr App R(S) 34
20 May 2004
CACD
Rose LJ, Grigson, Andrew Smith JJ
Criminal Sentencing
The defendant had been convicted of seven offences of making indecent images of children, having downloaded pictures from the Internet. He appealed an indeterminate order banning him from using any computer capable of connection to the Internet. Held: The indeterminate nature of the order was not objectonable, since the defendant would be able to apply to court to vary the order. The order was too wide however in that it was part of normal working life to have to use the internet. It would not apply so as to prevent him using the Internet for the purposes of his work.
Sex Offenders Act 1997 5A
1 Citers

[ Bailii ]
 
Attorney General's Reference No 28 of 2004 [2004] EWCA Crim 1440
20 May 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Attorney General Reference No 11 of 2004 [2004] EWCA Crim 1528
20 May 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Braxton, Regina v [2004] EWCA Crim 1374; [2005] 1 Cr App R (S) 167
21 May 2004
CACD
Hooper LJ, Leveson J, Mettyear Judge
Criminal Sentencing
The defendant appealed a sentence of 3.5 years imprisonment for breach of an anti-social behaviour order. Held: The sentence stood. What the offender might have considered trivial represented repeated breaches of an ASBO that had caused real concern and distress
1 Citers

[ Bailii ]

 
 Regina v McParland; CCNI 24-May-2004 - [2004] NICC 6
 
Gunnesingh Ashok Kailaysur v The State [2004] UKPC 23
24 May 2004
PC
Lord Steyn, Lord Hope, Dame Sian Elias
Commonwealth, Criminal Sentencing
PC (Mauritius) The defendant petitioned for leave to appeal his sentence for fraud. Held: The Board being in control of its own procedure, it treated the petition for leave as the appeal, and granted the appeal reinstating the sentence imposed by the district court. The appeal court had acted unjustly in doubling the sentence.
[ PC ] - [ Bailii ]
 
Attorney General's Reference No 34 of 2004 [2004] EWCA Crim 1470
26 May 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Hazlett, Re Attorney General's Reference 3 of 2004 [2004] NICA 20
1 Jun 2004
CANI

Northern Ireland, Criminal Sentencing

[ Bailii ]
 
Attorney General's Reference No 30 of 2004 [2004] EWCA Crim 1754
16 Jun 2004
CACD

Criminal Sentencing

[ Bailii ]

 
 Attorney General's Reference Nos. 31, 45, 43, 42, 50 and 51 of 2003; CACD 24-Jun-2004 - [2004] EWCA Crim 1717

 
 Gamble-Beresford, Regina v; CACD 24-Jun-2004 - [2004] EWCA Crim 1986
 
Attorney General's Reference No 44 of 2004 [2004] EWCA Crim 2038
30 Jun 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Attorney General's Reference No 62 of 2004 [2004] EWCA Crim 2036
30 Jun 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Attorney General's Reference No 53 of 2004 [2004] EWCA Crim 1831
1 Jul 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Attorney General's Reference No 38 and 39 of 2004 [2004] EWCA Crim 1820
1 Jul 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Attorney General's Reference No 27 of 2004 [2004] EWCA Crim 1830
2 Jul 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Regina v M (Sexual Offence: Extended Sentence) Times, 18 August 2004
5 Jul 2004
CACD
Lord Woolf, Lord Chief Justice, Pitchford, Jack JJ
Criminal Sentencing
The defendant complained that, although the judge had said there was only a low risk of his re-offending, after conviction for a minor sex offence, he had nevertheless been sentenced to an extended period of imprisonment. Held: It was recognised that the appropriate treatment programmes would only be effective where defendants received sentences of sufficient length to allow any treatment some chance of success. This might require longer sentences than might otherwise be justified for some offenders. The judge had correctly balanced the defendant's cirumstances. Once there was a risk of re-offending, even slight it was a matter for the assessment of the judge.
Powers of Criminal Courts (Sentencing) Act 2000 85
1 Cites


 
Attorney General's Reference No 37 of 2004 [2004] EWCA Crim 1854
6 Jul 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Matthew vThe State [2004] UKPC 33; Times, 14 July 2004; [2005] 1 AC 433
7 Jul 2004
PC
Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Hope of Craighead, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Mr Justice Edward Zacca
Commonwealth, Criminal Sentencing, Human Rights, Constitutional
(Trinidad and Tobago) The court questioned the constitutionality of the mandatory death penalty in Trinidad. Held: The constitution of Trinidad, when implemented, forbade cruel and unusual punishment, but also preserved existing penalties. The death penalty was a cruel treatment, but the preservation of existing punishments meant that the mandatory detah penalty for murder was not unconstitutional. The argument otherwise would deny the supremacy of the constitution.
1 Cites

1 Citers

[ Bailii ] - [ PC ]
 
Boyce and Joseph v Regina [2004] UKPC 32; Times, 17 July 2004
7 Jul 2004
PC
Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Hope of Craighead, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Mr. Justice Edward Zacca
Commonwealth, Criminal Sentencing, Constitutional
(Barbados) The appellants challenged the constitutionality of the death penalty in Barbados. Held: The new constitution banned treatment which was inhuman or degrading, but preserved existing penalties. The mandatory death sentence remained in effect, even though the penalty might otherwise constitute inhuman or degrading treatment.
1 Cites

1 Citers

[ Bailii ]
 
Watson v Regina [2004] UKPC 34; Times, 14 July 2004; [2005] 1 AC 472
7 Jul 2004
PC
Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Hope of Craighead, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Mr. Justice Edward Zacca
Commonwealth, Criminal Sentencing, Constitutional
(Jamaica) The defendant was convicted of two murders from the same incident. The Act provided for the death penalty if he was convicted of a second murder. He appealed the death sentence in the circumstances, and said also that it was unconstitutional, being inhuman treatment. Held: The imposition of the mandatory death sentence on the appellant subjected him to an inhuman punishment. Since the the provision had been repealed and re-instated, it was not pre-existing law and was not saved by the new constitution: "So long as these laws remained untouched, they did not have to be scrutinised. But as soon as they were changed, adapted or modified in any respect, except in the circumstances referred to in paragraphs (a) and (b) of section 26(9), they had to comply with the requirements of Chapter III." The results might be different for different constitutions.
1 Cites

1 Citers

[ Bailii ] - [ PC ] - [ PC ]
 
Attorney General's Reference No 23 of 2004 [2004] EWCA Crim 1883
7 Jul 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Attorney General's Reference Nos 13,17, 16, 15, 14 and 18 of 2004 [2004] EWCA Crim 1885
7 Jul 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Regina v McKeown and Others (Attorney-General's Reference Nos 13 to 18 of 2004) Times, 17 August 2004
7 Jul 2004
CACD

Criminal Sentencing
The Attorney-General appealed sentences imposed on the defendants for supplying heroin. Held: The offences involved all the aggravating factors for such cases. Drugs had been sold near schools though children not specifically targeted. The proper sentences for such offences were 10 years and above. The sentences were increased.
1 Citers


 
Regina v Sullivan; Regina v Gibbs; Regina v Elener; Regina v Elener [2004] EWCA Crim 1762; Times, 17 July 2004; [2005] Cr App R (S) 308
8 Jul 2004
CACD
Mr Justice Astill Lord Justice Judge The Lord Chief Justice Of England &Amp; Wales The Honourable Mr Justice Gross Deputy Chief Justice Of England And Wales
Criminal Sentencing
The appellants, each convicted of murder, challenged the minimum periods of detention ordered to be served. Held: As to the starting point for sentencing, judges should have regard to the published practice directions, and not the letter from the Lord Chief Justice of 31 December 2003, which became a practice direction in 2004. As to Sullivan, the applicable starting point under previous practice was 14 years, and the judge had correctly limited his sentence to that period. As to Gibbs, the earlier minimum would have been 14 years, and his sentence was reduced accordingly. As to the Eleners, father and son, their crimes manfestly justified the starting point of thirty years.
Criminal Justice Act 2003 269(5)
1 Cites

1 Citers

[ Bailii ] - [ Bailii ]
 
Attorney General's Reference No 49 of 2004 [2004] EWCA Crim 1952
12 Jul 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Attorney General's Reference No 29 of 2004 [2004] EWCA Crim 2113
16 Jul 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Attorney General's Reference No 40 of 2004 [2004] EWCA Crim 2112
16 Jul 2004
CACD

Criminal Sentencing

[ Bailii ]

 
 Attorney General's Reference v Nos. 31, 45, 43, 42, 50 and 51 of 2003; Regina v McInerney; Regina v McLean; CACD 16-Jul-2004 - [2004] EWCA Crim 1934; Times, 20 July 2004
 
Attorney General Reference No 80 of 2004 [2004] EWCA Crim 2061
20 Jul 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Attorney General Reference Nos 54, 55 and 56 of 2004 [2004] EWCA Crim 2062
20 Jul 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Attoney-General's Reference No 4 of 2003 Under S. 36 of the Criminal Justice Act 1988; Suchedina [2004] EWCA Crim 1944; Times, 09 September 2004
21 Jul 2004
CACD
Mr Justice Astill Lord Justice Latham The Hon Mr Justice Gray
Criminal Sentencing
Conspiracy to convert or transfer the proceeds of drug trafficking or of criminal conduct - confiscation order available. The statutory distinction existed between the proceeds of drug trafficking and of crime generally had now been removed, but the conduct here pre-dated the new Act. The offence of conspiracy took place at the time of the agreement to join together in unlawful conduct. Here the jury's verdict inevitably mean that the defendants had agreed to launder money of whatever criminal source, and therefore confiscation proceedings were available. Here however the court had failed to carry out the exercise required under s2 of the 1994 Act, and the Attorney General's appeal failed.
Drug Trafficking Act 1994 1 2 - Criminal Justice Act 1988 71
1 Citers

[ Bailii ]
 
Attorney General's Reference No 9 of 2004 [2004] EWCA Crim 2046
21 Jul 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Toomey and Another, Regina v [2004] EWCA Crim 2347
22 Jul 2004
CACD
Rose VP CACD LJ, Nelson, McCombe JJ
Criminal Sentencing

[ Bailii ]
 
Regina v Longworth Times, 17 August 2004
23 Jul 2004
CACD
Potter LJ, Gibbs J and Sir Michael Wright
Criminal Sentencing
The defendant had been convicted of possession of one indecent photograph of a child, and given a conditional discharge. He appealed being placed upon the sex offenders' register. Held: Despite s14(1) of the 2000 Act, the offence required a placing on the register, under 1(4) of the 1997 Act as an 'offender of any other description'. The requirement arose independently of any order of the judge.
Powers of Criminal Courts (Sentencing) Act 2000 14(1) - Sex Offenders Act 1997 1(4)
1 Citers


 
Practice Direction (Crime: Mandatory life sentences) (No 2) Times, 02 August 2004; [2004] 1 WLR 2551
29 Jul 2004

Lord Woolf LCJ
Criminal Sentencing
The direction gave practical guidance on the procedure for passing a mandatory life sentence under the Act
Criminal Justice Act 2003 269
1 Citers



 
 Uttley, Regina (on the Application of) v Secretary of State for the Home Department; HL 30-Jul-2004 - [2004] UKHL 38; Times, 13 August 2004; [2004] UKHRR 1031; [2004] 4 All ER 1; [2004] 1 WLR 2278
 
Flaherty, Regina (on the Application Of) v Stoke-On-Trent Magistrates' Court [2004] EWHC 2118 (Admin)
5 Aug 2004
Admn

Criminal Sentencing, Magistrates

[ Bailii ]
 
N (Kenya) v The Secretary of State for the Home Department [2004] EWCA Civ 1094; Times, 13 September 2004; [2004] INLR 612
5 Aug 2004
CA
Lord Justice May Lord Justice Judge Lord Justice Sedlay
Human Rights, Immigration, Criminal Sentencing
The appellant a foreign national, had been convicted of very serious sex offences, and as his sentence came to an end was ordered to be deported. He appealed saying this infringed his right to a family life. Held: The court had to balance the public revulsion at his crimes with the need for compassion. The adjudicator exercised an original discretion and had to take into account all individual factors, and give appropriate weight to the Home Secretary's considered opinions. Even so, the adjudicator was in no better position to the critical public interest than was the court. Given the need to allow for the public good and interest, it was right for the adjudicator to include in his exercise the nature of the offence. The Article 8 issues and deportation issues merged. Proper weight must be given to the Secretary of State's policy on deportation, and in particular to the fact that she has taken the view, in the public interest that crimes of violence such as that committed by the appellant are sufficiently serious to warrant deportation.
European Convention on Human Rights 8 - Immigration Act 1971 3(2)
1 Cites

1 Citers

[ Bailii ]
 
Buxton, Regina (on the Application of) v The Parole Board and Another [2004] EWHC 1930 (Admin)
6 Aug 2004
Admn

Criminal Sentencing, Prisons
Revocation of licence - offence of assault.
Criminal Justice Act 1991 34A
[ Bailii ]

 
 Thompson v Mitchell; CACD 23-Aug-2004 - Times, 13 September 2004; [2004] EWCA Civ 1271
 
Lazarus, Regina v [2004] EWCA Crim 2297; [2005] 1 Cr App R (S) 552
24 Aug 2004
CACD

Criminal Sentencing

1 Citers

[ Bailii ]
 
Potts, Re Attorney General's Reference (Number 5 of 2004) [2004] NICA 27
25 Aug 2004
CANI

Northern Ireland, Criminal Sentencing

[ Bailii ]
 
Regina v Alfonso; Regina v Sajid; Regina v Andrews Times, 14 October 2004
9 Sep 2004
CACD
Rose LJ, Owen J, Mitting J
Criminal Sentencing
The defendants appealed sentences for supplying drugs. They were first time defendants, addicts caught selling drugs to police officers, and with no established stocks of drugs for sale. Held: A short prison sentence was appropriate. A drug treatment and testing might be appropriate for some defendants. Whilst none of the defendants fell precisely within the group identified, the sentences were adjusted.
1 Cites


 
Afonso and Others, Regina v [2004] EWCA Crim 2342
9 Sep 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Lees-Sandey, Regina (on the Application Of) v Chichester Crown Court [2004] EWHC 2280 (Admin)
24 Sep 2004
Admn

Criminal Sentencing

[ Bailii ]
 
Doyle, Re Attorney General's Reference Number 6 of 2004 [2004] NICA 33
24 Sep 2004
CANI

Northern Ireland, Criminal Sentencing

[ Bailii ]
 
IP, Regina v [2004] EWCA Crim 2646; [2005] 1 Cr App R (S) 102
5 Oct 2004
CACD
Rose VP CACD LJ, Richards, Bean JJ
Criminal Sentencing

Sexual Offences Act 2003 67(1)
[ Bailii ]
 
Attorney General Reference No 77 of 2004 [2004] EWCA Crim 2464
6 Oct 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Attorney General Reference No 32 of 2004 [2004] EWCA Crim 2644
7 Oct 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Attorney General Reference No 98 of 2003 [2004] EWCA Crim 2535
7 Oct 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Khan, Regina (on the Application of) v Director of Public Prosecutions [2004] EWHC 2505 (Admin)
12 Oct 2004
Admn
David J
Road Traffic, Criminal Sentencing
Defendant pleaded guity to drink driving - claim for special reasons - appeal against finding of absence of special reasons to disqualify.
Road Traffic Act 1988 5
1 Cites

[ Bailii ]
 
Attorney General's Reference No 64 of 2004 [2004] EWCA Crim 2618
12 Oct 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Regina v Parnell Times, 08 November 2004
15 Oct 2004
CACD
Richards J, Bean J
Criminal Sentencing
The defendant had been convicted of attempted incitement to an act of gross indecency with a male under 16. He appealed a requirement that he be registered as a sex offender. He had been travelling to Sri Lanka, and sent an email seeking sex. The email had been intercepted by the police in Sri Lanka. Held: The section did not refer to an offence of attempting to incite commission of the substantive offence and there was no jurisdiction to impose either an extended sentence, or a requirement to register.
Sexual Offences (Conspiracy and Incitement) Act 1996 - Powers of Criminal Courts (Sentencing) Act 2000 161 - Sex Offenders Act 1997

 
Attorney General Reference No 79 of 2004 [2004] EWCA Crim 2722
18 Oct 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Attorney General Reference No 20 of 2004 [2004] EWCA Crim 2723
18 Oct 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Pound, Regina v [2004] EWCA Crim 2488
21 Oct 2004
CACD

Criminal Sentencing
Breach of trust by professionals - Attorney generals reference of sentence
[ Bailii ]
 
Attorney General's Reference No 90 of 2004 [2004] EWCA Crim 3285
21 Oct 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Regina v Graham and Another [2005] 1 Cr App Rep (S) 115; [2005] Crim LR 247; [2004] EWCA Crim 2755
22 Oct 2004
CACD

Criminal Sentencing
appropriate sentence in cases of benefits fraud
[ Bailii ]
 
Regina v Garvey, Attorney-General's Reference (No 104 of 2004) Times, 29 October 2004
25 Oct 2004
CACD
Rose LJ, Henriques J, Dobbs J
Criminal Sentencing
The Attorney General appealed the sentence of 18 months imposed on the defendant for sexual assault by a digital penetration. Held: The maximum sentences for the offence had been increased to life imprisonment, and accordingly sentence levels generally should be increased beyond what it would have been when classified as an indecent assault. The starting point for rape under the 2003 Act should be five years. For an offence of digital penetration, the starting point should be four years, but if in either case the degree of penetration was minimal, that starting point might be reduced, as also it should be for yound offenders. In this case three years was appropriate.
Sexual Offences Act 2003 1 2
1 Cites

1 Citers


 
Hall, Regina v [2004] EWCA Crim 2671
25 Oct 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Attorney General's Reference No 91 of 2004 [2004] EWCA Crim B1
27 Oct 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Attorney General's Reference No 92 of 2004 [2004] EWCA Crim 2823
28 Oct 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Attorney General's Reference No 52 of 2004 [2004] EWCA Crim 2768
28 Oct 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Attorney General's Reference No 98 of 2004 [2004] EWCA Crim 2769
28 Oct 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Ahmed and Qureshi v Regina [2004] EWCA Crim 2599; Times, 03 November 2004; [2005] 1 WLR 122
28 Oct 2004
CACD
Lord Justice Latham Pitchers, Mr Justice Pitchers Mr Justice Royce
Criminal Sentencing, Human Rights
The defendants appealed confiscation orders saying that the court had taken account of their interests in the matrimonial home, and that this would prejudice the interest of others. Held: Before the amendment to the section, the court had retained a discretion as to whther or not to include the value of a matrimonial home in the calculations. That discretion had disappeared. At that stage no human rights issue arose under article 8. That issue would only arise at a point where a sale of the home was sought to satisfy the order.
Criminal Justice Act 1988 71 - European Convention on Human Rights 8
1 Citers

[ Bailii ]
 
Attorney General's Reference No 96 of 2004 [2004] EWCA Crim 2853
2 Nov 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Attorney General Reference No 114 of 2004 [2004] EWCA Crim 2954
4 Nov 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Attorney General Reference No 67 of 2004 [2004] EWCA Crim 2863
4 Nov 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Attorney General's Reference No 82 of 2004 [2004] EWCA Crim 2866
4 Nov 2004
CACD

Criminal Sentencing

[ Bailii ]
 
K, Regina (on the Application Of) v Newport Crown Court and Another [2004] EWHC 2690 (Admin)
5 Nov 2004
Admn

Criminal Sentencing
Breach od ASBO - appeal against sentence
[ Bailii ]
 
Attorney General Reference No 95 of 2004 [2004] EWCA Crim 3028
10 Nov 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Attorney General Reference No 21 and 22 of 2004 [2004] EWCA Crim 3048
11 Nov 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Kolawole, Regina v [2004] EWCA Crim 3047; [2005] 2 Cr App R(S) 14
11 Nov 2004
CACD

Criminal Sentencing
Sentencing for possession of false identity documents.
1 Citers

[ Bailii ]
 
Regina v Kolawole Times, 16 November 2004; [2005] 2 Cr App R (S) 71
11 Nov 2004
CACD
Rose LJ, Hallett J, Dobbs J
Criminal Sentencing
The defendant appealed his sentence of 16 months for two offences of possessing a false instrument with intent. The documents were passports. Held: Such offences must now be considered as serious. Courts had previously failed properly to distinguish between the various grades of offence involved. A starting point range of 12 to 18 months was generally appropriate.
Forgery and Counterfeiting Act 1981
1 Cites

1 Citers


 
Holmes, Re Attorney General's Reference (Number 7 of 2004) [2004] NICA 42
12 Nov 2004
CANI

Northern Ireland, Criminal Sentencing

[ Bailii ]
 
Regina v Speechley [2004] EWCA Crim 3067; [2005] Crim LR 811; [2005] 2 Cr App R (S) 15
18 Nov 2004
CACD
Kennedy LJ, Bell, Hughes JJ
Criminal Sentencing

[ Bailii ]
 
Attorney General's Reference No. 113 of 2004 v Under Section 36 of [2004] EWCA Crim 3209
23 Nov 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Regina vCliff Times, 01 December 2004
25 Nov 2004
CACD
Gage LJ, Nelson J, Field J
Criminal Sentencing, Road Traffic
The defendant had been convicted of an affray. A car was used in the course of the defendant getting to the scene. He appealed against a sentence of imprisonment and disqualification from driving for two years. Held: A disqualification could be imposed even though the offence was not a driving offence as such. The section was wide in its ambit, and was wider than its predecessors. There were good reasons for the disqualification, since the circumstances included an allegation of the defendant having driven whilst tipsy and colliding with another car, but a nine month disqualification was substituted.
Powers of Criminal Courts (Sentencing) Act 2000 146

 
Regina v Kishietine Times, 09 December 2004
29 Nov 2004
CACD
Pill LJ, Sir Ian Kennedy
Criminal Sentencing, Immigration
The defendant had been convicted of providing false information to the immigration authorities when applying for asylum. She appealed her sentence of nine months imprisonment. Held: She had been raped and beaten by soldiers in her own country and fled to England. She only claimed asylum three months after arriving, but said that she had arrived the day before. The fact that her claim might be genuine and succeed was not relevant. It was a matter for the immigration authorities. The sentence was appropriate.
Immigration Act 1971 24A

 
Regina v Mills Times, 03 December 2004
30 Nov 2004
CACD
Pill LJ, Gray J, Sir Ian Kennedy
Criminal Sentencing
The defendant had been sentenced in 1995 to life imprisonment for abduction and other offences. He sought release saying that new life prisoners would have the specified minimum set at one half of the notional determinate sentence, and not two thirds as had been the practice at the time he was sentenced. Held: The practice was not to be applied retrospectively, and the appeal failed. However the notional determinate sentence should have been set at 22 years. The true protection for the public lay in the life sentence, not in providing for an extended notional determinate term.

 
Edwards v Regina [2004] EWCA Crim 2923; [2005] 2 Cr App R (S) 29
30 Nov 2004
CACD
Mance LJ, Fulford, Newman JJ
Criminal Sentencing
The defendant appealed from a confiscation order. He was stopped attempting to import substantial quantities of tobacco. He said that since it had been taken at the port, he had not derived an benefit so as to allow an order. Held: The appeal failed. Once a person has evaded the payment of duty he has thereby deferred the liability to pay and has obtained a pecuniary advantage which amounts to a benefit within the meaning of the CJA. The legal consequences of an act of evasion are not affected by the exact time and place when the evasion is discovered and the goods are confiscated.
Criminal Justice Act 1988 75
1 Citers

[ Bailii ]
 
H and Others, Regina (on the Application of) v Southampton Youth Court [2004] EWHC 2912 (Admin)
2 Dec 2004
Admn
Leveson J
Magistrates, Criminal Sentencing
The court considered the principles for sentencing for sexual assaults by youths and the decision of magistrates whether to decline jurisdiction. Leveson J: "That the position would be different for an older person is obvious. Had an adult behaved in this manner to a 13 year old boy, sexual gratification would have been an obvious motive and a substantial custodial sentence would indeed have been justified. An older teenager could also lose his liberty. In my judgment, however, 13 and 14 year olds behaving in this way to one of their school friends, while deeply reprehensible and demanding condemnation, do not come within that category, and certainly not at the level of a sentence approaching two years."
Magistrates' Courts Act 1980 24 - Powers of Criminal Courts (Sentencing) Act 2000 91(3)
1 Citers

[ Bailii ]
 
Ballard, Regina v [2004] EWCA Crim 3305; [2005] 2 Cr App Rep (S) 31; [2005] Crim LR 323
2 Dec 2004
CACD

Criminal Sentencing
Appeal from sentence of 11 years detention in a young offender institution for manslaughter.
[ Bailii ]

 
 Regina v Ellingham; CACD 2-Dec-2004 - [2005] 2 Cr App R (S) 32; [2004] EWCA Crim 3446
 
Regina v Bird Times, 10 December 2004
3 Dec 2004
CACD
Kennedy LJ, Bell J, Hughes J
Criminal Sentencing
The defendant appealed the imposition of a determinate sentence followed by an extended sentence for offences of cruelty to a child, rape and inflicting grievous bodily harm. Held: Some of the offences had taken place before the regime of extended sentences was introduced. Though one extended sentence should not follow another, there was no reason why an extended sentence should not follow a determinate one. In this case however the sentences were varied.
Crime and Disorder Act 1998 58

 
Attorney General's Reference No 89 of 2004 [2004] EWCA Crim 3222
7 Dec 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Page and Another, Regina v [2004] EWCA Crim 3358; [2005] 2 Cr App R (S) 37
8 Dec 2004
CACD

Criminal Sentencing
The court considered the need for proportionate responses in sentencing to the particular offence before the court.
1 Citers

[ Bailii ]
 
Regina v Page; Regina v Maher; Regina v Stewart Times, 23 December 2004
8 Dec 2004
CACD
Rose LJ, Douglas Brown J, Mackay J
Criminal Sentencing
Each defendant appealed convictions for shoplifting (theft). Held: The court gave guidelines for sentencing of adult individual shoplifters. Shoplifting is a classic offence where custody should be a sentence of last resort. Older cases must be looked at in the light of the later reduction in the maximum penalty for theft.
1 Cites


 
Regina v Francis [2004] EWCA Crim 3156
9 Dec 2004
CACD
Mr Justice Hughes Lord Justice Kennedy Mr Justice Simon
Crime, Criminal Sentencing
Appeal against conviction and sentence - rape
[ Bailii ]
 
Attorney General's Reference No. 115 and 116 of 2004 [2004] EWCA Crim 3487
9 Dec 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Regina v Wisniewski Times, 20 December 2004
9 Dec 2004
CACD
Rose LJ, Douglas Brown J, Mackay J
Criminal Sentencing
The defendant appealed sentences for battery with iintent to commit sexual assault. Held: In general the existing authorities on sentencing of sex offenders should apply to the new offences, with an allowance made for the lower maximum sentence under the new offence as against rape or attempted rape.
Sexual Offences Act 1003 62
1 Cites


 
Regina v Davies [2004] EWCA Crim 3380
9 Dec 2004
CACD
May LJ, Beatson J, Sir Charles Mantell
Criminal Sentencing

[ Bailii ]
 
Jordan, Alleyne and Redfern, Regina v [2004] EWCA Crim 3291; [2005] 2 Cr App R(S) 44
14 Dec 2004
CACD
Rose LJ VP CACD, Douglas Brown, Mackay JJ
Criminal Sentencing
The court considered when it might exercise its exceptional circumstances discretion not to order imprisonment of an offender convicted of possession of a firearm.
Firearms Act 1968 51A
[ Bailii ]
 
Attorney General's Reference No. 110 of 2004 [2004] EWCA Crim 3287
16 Dec 2004
CACD

Criminal Sentencing

[ Bailii ]
 
Hardy, Regina v [2004] EWCA Crim 3397
20 Dec 2004
CACD

Criminal Sentencing
The defendant appealed a sentence of two and a half years imprisonment for attempting to pervert the course of justice by putting pressure on a juror to find the defendant guilty.
[ Bailii ]
 
Davis v Secretary of State for the Home Department [2004] EWHC 3113 (Admin)
21 Dec 2004
Admn

Criminal Sentencing

Criminal Justice Act 1991 65
[ Bailii ]
 
Regina v Ukoh Times, 09 December 2004
28 Dec 2004
CACD
Lord Woolf LCJ, Cresswell J, Simon J
Criminal Sentencing
The defendant appealed his sentence for a drugs offence, saying that following his deportation on release, he would be liable to a further term of imprisonment at home for the same offence. Held: That issue was not relevant to an English court passing sentence. It was for the Home Secretary to take this into account when considering a deportation.
1 Cites


 
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