The defendant appealed against a substantial confiscation order after his conviction for cheating the public revenue. He said that the judge had been biased or had shown the appearance of bias against him. He had given some assistance to the prosecution in attempting to recover funds, but this had been insufficient. She also rejected the … Continue reading Pigott v Regina: CACD 9 Nov 2009
The court approved guidelines for the appointment and remuneration of a receiver appointed under the 1988 Act. Judges: Lord Justice Laws Lord Justice Longmore Lord Justice Carnwath Citations: [2004] EWCA Civ 1628, [2005] 1 All ER 900, [2004] All ER (D) 29 Links: Bailii Statutes: Criminal Justice Act 1988 77(8) Jurisdiction: England and Wales Citing: … Continue reading Capewell v Commissioners for HM Customs and Excise and Sinclair: CA 2 Dec 2004
Appeal against conviction for common assault. The defendant argued his actions had been in defence of his girlfriend who had been surrounded in the street by an aggressive group of drunken young women. The magistrates had found his reaction to be more than reasonable. Held: The magistrates having properly directed themselves according to Palmer, and … Continue reading Buckley, Regina (on the Application of) v Director of Public Prosecutions: Admn 22 Oct 2004
The defendants appealed a conviction for conspiracy to assist another to retain the benefit of criminal conduct. One set of defendants illegally imported cigarettes, and S was accused of operating a bank account to assist in the moving of the proceeds. He said he was not aware of the criminal source of the funds. Held: … Continue reading Regina v Sakavickas and Another: CACD 3 Nov 2004
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 … Continue reading Ahmed and Qureshi v Regina: CACD 28 Oct 2004
Appeal against an order refusing to vary a restraint and disclosure order made under the Criminal Justice Act 1988 by the deletion of a paragraph from it. The restraint order was made in the usual form on application and undertakings by HM Customs and Excise, on the basis that the appellant was involved in laundering … Continue reading In re Jackson: CA 15 Apr 2002
Judicial review – Criminal Justice Act 1988 – Claim for compensation for miscarriage of justice – claim is alternative under ex parte scheme – whether applicant victim of miscarriage – whether decision of Secretary of State flawed. Citations: [2004] NIQB 57 Links: Bailii Jurisdiction: Northern Ireland Citing: Cited – Regina v Kansal (2) HL 29-Nov-2001 … Continue reading Magee, Re Application for Statutory Review: QBNI 16 Sep 2004
This case concerns the making of a confiscation order under the Criminal Justice Act 1988 in circumstances where the victim of the offending has pursued and recovered a civil judgment. Judges: Mackay J, David J Citations: [2009] EWCA Crim 2182 Links: Bailii Statutes: Criminal Justice Act 1988 Jurisdiction: England and Wales Criminal Sentencing Updated: 21 … Continue reading Silvester, Regina v: CACD 6 Nov 2009
Appeal from conviction for carrying bladed article – judge ruling that not a good reason that he anticipated being attacked again by a particular person. Held: The appeal succeeded: ‘from the authorities already referred to, it could amount to a ‘good reason’ under section 139(4) if the appellant was carrying the knife for his own … Continue reading Mcauley, Regina v: CACD 8 Oct 2009
The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had not been in prison. Held: The statutory scheme replaced an ex gratia scheme, and there … Continue reading Independent Assessor v O’Brien, Hickey, Hickey: CA 29 Jul 2004
The applicant sought to resist orders for the return to the US of what were alleged to be the proceeds (direct or indirect) of a fraud committed there. She had been in contempt of the court in the US and was a fugitive here. She complained that the US court had refused to allow her … Continue reading Government of the United States of America v Barnette and Montgomery (No 2): HL 22 Jul 2004
The court considered appeals by the Attorney-General against sentences considered to be too lenient, and in particular where a community penalty had been imposed rather than a sentence of immediate imprisonment. Held: The Court emphasised the need for the strict care to be taken in selecting such cases, for appeal. The court should not interfere … Continue reading 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
The appellant challenged his conviction for attempted rape of an elderly woman. Her evidence had been accepted in written form because she was unable to attend court. Held: Before accepting such evidence the court had to establish that she would have been competent to give evidence had she been able to attend physically. S23 had … Continue reading Ali Sed v Regina: CACD 27 May 2004
The defendant appealed his conviction. A witness statement had been read, but he had wanted to cross examine her. The court was satisfied that her refusal to give evidence in person was through fear. Held: In making the decision, the judge had incorrectly said that her evidence was uncontested. The errors began with discussions in … Continue reading Lobban, Regina v: CACD 7 May 2004
Appeal after statement of witness read to the court Citations: [1999] EWCA Crim 553 Links: Bailii Statutes: Criminal Justice Act 1988 23 24 25 26 Jurisdiction: England and Wales Criminal Practice Updated: 10 June 2022; Ref: scu.536015
The claimant was convicted, imprisoned, and then his conviction was overturned. He sought compensation. He had pleaded guilty after being told by counsel to expect an adverse direction from the magistrate, following a meeting in private between counsel and the judge. His case had been overturned because he had been warned to expect a sentence … Continue reading In re McFarland: HL 29 Apr 2004
Application for leave to appeal on measure of award of compensation for long time spent in prison as a result of miscarriage of justice. Citations: [2004] EWCA Civ 340 Links: Bailii Statutes: Criminal Justice Act 1988 133 Jurisdiction: England and Wales Citing: Appeal from – Regina (on the Application of O’Brien, Hickey, Hickey) v Independent … Continue reading Hickey and others v Independent Assessor: CA 25 Feb 2004
The defendant had been convicted of offences of possessing a large number of indecent images of children. Held: In such cases, the prosecution should frame the charges following the classification in R v Oliver, with a small number of representative charges out of each category with a comprehensive charge for the balance. The defence should … Continue reading Thompson v Regina: CACD 26 Mar 2004
The prosecutor Agency appealed by way of case stated against a decision refusing to allow them to admit documentary evidence. Held: The appeal was dismissed, but the court took the opportunity to say that a case stated did not need as in this case to set out the full details of some 200 informations which … Continue reading Vehicle and Operator Services Agency v George Jenkins Transport Ltd: Admn 20 Nov 2003
Citations: [2003] EWHC 2454 (Admin) Links: Bailii Statutes: Criminal Justice Act 1988 39 Jurisdiction: England and Wales Crime Updated: 08 June 2022; Ref: scu.187616
The defendant appealed against a confiscation order. He had used a company to defraud suppliers on the continent of substantial sums. He said that his involvement in the conspiracy was only toward the later end and that he had received no benefit in fact. Held: The court may often be entitled to make robust inferences … Continue reading Olubitan v Regina: CACD 7 Nov 2003
The appellant appealed against his conviction for having a bladed article in a public place. Police called at his home, and the ensuing struggle came out into the garden where he was arrested. He was later found to have the knife in his pocket. Held: The judge was wrong to treat the garden as a … Continue reading Regina v Roberts: CACD 20 Oct 2003
The appellant had been convicted of having a pointed article with him in a public place. He said that the car he was driving had needed an instrument to operate the lock. At first he had used a knife, but then used scissors, losing the knife in the car. Held: The jury must be required … Continue reading Jolie v Regina: CACD 23 May 2003
The appellant sought to resist the registration here of a confiscation order made in the US. She argued it would be contrary to the interests of justice to register it, that the US procedure would be unlawful here under the Convention, the appeal having been held in her absence. Held: It could not be said … Continue reading Barnette v Government of the United States of America; United States Government v Montgomery (No 2): CA 24 Mar 2003
The defendants were prosecuted for various offences relating to the selling and marketing of veterinary products without being licensed. Their cases were dismissed, when the prosecution put forward evidence as to the nature of what was being sold, but only in the form of the labels on the packages. The defence successfully argued that chemical … Continue reading Department for the Environment, Food and Rural Affairs v Atkinson, Hughes: QBD 9 Oct 2002
The defendant was accused of murder. He had been identified by a witness who knew him, but the witness himself was murdered before the trial. The court allowed the prosecutor to read the deceased witness’ statement. Another witness for whom an ID parade had been held had only seen the defendant from the rear, but … Continue reading Regina v Nolan: CACD 15 Feb 2002
The applicant had been convicted in 1990 of conspiracy to cause explosions. He had been arrested by means of an unlawful eviction from Zimbabwe, and his appeal had been successful after ten years in prison. He now appealed against a refusal to award him compensation for his imprisonment, and said that the provision of ex … Continue reading Regina (on the Application of Mullen) v The Secretary of State for the Home Department: QBD 21 Feb 2002
Having been convicted of theft, a confiscation order had been made against which the appellant appealed. The Court of Appeal certified a question of whether confiscation provisions under the 1988 Act were in breach of the defendant’s human rights. Are applications for confiscation orders criminal proceedings under the Convention, and if so do the assumptions … Continue reading Regina v Rezvi: HL 24 Jan 2002
Application, brought by the Solicitor General, under section 36 of the Criminal Justice Act 1988, for leave to refer a sentence which he considers to be unduly lenient. The sentence was passed on the offender after the offender had pleaded guilty to five offences, counts 2, 6, 7, 8 and 9 of sexual activity with … Continue reading Sargent, Regina v: CACD 21 Aug 2018
The applicants had either been acquitted of drugs trafficking offences, or were third parties. In each case, property had been taken into receivership, and orders had been made for the receivers to take their costs from the assets taken. The proprietors appealed that part of the orders. Held: The receiver is an officer of the … Continue reading Hughes and Others v HM Customs and Excise: Admn 21 Dec 2001
Smith had bought a motor vessel, The Vertine, with andpound;55,000 provided by his co-defendant, John Marriott. In the words of the judge when imposing sentence, the respondent allowed himself to be used as Marriott’s ship owner and captain. The boat was used in April 1998 on a run to Heligoland to buy cigarettes and to … Continue reading Regina v Smith (David Cadnam): HL 13 Dec 2001
The claimant objected to the use by the respondent of orders under the 1988 Act to produce records for investigation and tracing proceeds. Held: Simon Brown LJ said: ‘In my judgment, therefore, it would be wrong to construe the words in section 93H(1) ‘an investigation into whether any person has benefited from any criminal conduct’ … Continue reading Regina v Guildford Crown Court, Ex Parte Director of Public Prosecutions; Regina v Southwark Crown Court, Ex Parte Bowles: QBD 29 Oct 1996
Lord Woolf MR said that where the original proceedings are brought by a public authority, an appeal is part of those proceedings to which section 22(4) applies: ‘In our judgment, where the original proceedings are brought by, or at the instigation of, a public authority, as is the case with a prosecution, an appeal by … Continue reading Regina v Benjafield, Leal, Rezvi and Milford: CACD 21 Dec 2000
The appellants sought compensation for their imprisonment having been (Mr Brannan’s father) wrongly convicted. They sought to bring in new evidence. The first appellant and the second appellant’s father had been convicted of murder. The second appeal was after the police finally revealed evidence supporting the defendants’ defence that the victim had been armed. Held: … Continue reading Regina (Murphy) v Secretary of State for the Home Department; Regina (Brannan) v Same: Admn 10 Feb 2005
The sections were exceptions to the normal practice of giving evidence in the court room, for which in the case of live link an individual case had to be made each time. The court should strike a balance between the ‘right of the defendant to have a hearing in accordance with the norm’ and ‘the … Continue reading Regina v Redbridge Youth Court and Another: Admn 22 Mar 2001
Prosecutor’s appeal against the adjudication acquitting the Respondent of an offence under section 139(1) of the 1988 Act. The information proffered against him alleged that he had with him, without good reason or lawful authority, an article which had a blade or was pointed, namely a knife with a five inch fixed blade contrary to … Continue reading Director of Public Prosecutions v Ullah: Admn 29 Jan 1998
The Board appealed dismissal by the magistrates of their complaint that the defendant had failed to comply with an order requiring him to report to a relevant officer after his conviction for driving with excess alcohol. The defendant argued that no proper evidence had been brought that he had been informed of the relevant appointment. … Continue reading West Yorkshire Probation Board v Townend: Admn 28 Jul 2005
Compensation for miscarriage of justice is payable to natural persons only. Citations: Times 10-Mar-1997 Statutes: Criminal Justice Act 1988 133 Jurisdiction: England and Wales Damages Updated: 26 May 2022; Ref: scu.87832
Mental illness is included in the meaning ‘Unfit to attend as a witness’. The admission of statements under s25 quite different from s26 Criminal Justice Act 1988. Citations: Times 20-Jul-1993, Independent 24-Jun-1993 Statutes: Criminal Justice Act 1988 23(2) 25 26 Jurisdiction: England and Wales Criminal Evidence, Criminal Practice Updated: 25 May 2022; Ref: scu.88003
The defendant appealed his conviction saying the prosecution had failed to disclose an additional earlier and contradictory statement of a central prosecution witness. Held: The statement was of a witness whose evidence had been relied upon by the court and was startlingly different. The applicant having served his sentnce it would be wrong to order … Continue reading Regina v Liverpool Crown Court ex parte Robert Moss: Admn 13 Nov 1996
The applicant had been detained pending extradition to the United States on charges of fraud. He said the evidence would not have been sufficient to justify his committal for trial. Held: The Francis case did not establish that the 1984 Act did not apply to extradition procceedings, and they might also be admissible under the … Continue reading In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin: HL 10 Apr 1997
The defendant appealed against a confiscation order, after conviction for cheating the public revenue. Funds had been diverted from his company to avoid payment of taxes. Held: Tax which was avoided would fall under the section and be a pecuniary advantage ‘obtained by an offender’ within the section only if he benefitted himself. This could … Continue reading Regina v Foggon: CACD 14 Feb 2003
Appeal against sentences totalling 16 months’ imprisonment for one offence of assault by beating, contrary to section 39 of the Criminal Justice Act 1988, and two offences of sending a malicious communication, contrary to section 1 of the Malicious Communications Act 1988. Judges: Lord Justice Holroyde Mr Justice Lavender And HH Judge Wendy Joseph QC … Continue reading Ladbrook v Regina: CACD 4 Feb 2022
The Attorney General referred the sentences as too lenient for armed robbery, and aggravated vehicle taking. The defendants worked as a team, and used an imitation firearm, and threatened a victim with it. Held: The possession of firearms should be regarded as an aggravating feature in relation to other offences. When passing sentence, it is … Continue reading Attorney General’s Reference No 88 of 2002 (Hahn and Webster): CACD 7 Nov 2003
When a court considered ordering a restriction on reporting of a case until after it was concluded, it had a three stage test to apply. First, would the reporting create a not insubstantial risk of prejudice. If there was no such risk, an order could not be made. Second, would an order reduce or remove … Continue reading Regina v Sherwood, ex parte The Telegraph Group plc and Others: CACD 12 Jun 2001
An application had been made for a production order under section 93H of the 1988 Act which was concerned with the recovery of the proceeds of criminal conduct. The issue was whether an order obtained for the purpose of assisting in the recovery of the proceeds of criminal conduct could be used also in relation … Continue reading Regina v Southwark Crown Court, Ex Parte Bowles (On Appeal From A Divisional Court of the Queen’s Bench Division): HL 7 Apr 1998
A magistrate ordering the transfer of a prisoner to Ireland must be satisfied that a sufficiently serious offence was alleged, but strict evidence was not required. As to the 1988 Act, the evidence must at least be admissible. Citations: Times 20-Jan-1998, [1998] EWHC Admin 6, [1998] I Cr App R 14 Links: Bailii Statutes: Backing … Continue reading Regina v Governor of Belmarsh Prison and Another Ex Parte Gilligan: QBD 20 Jan 1998
The defendant had hit a mother in the face as she held the child. The force was sufficient to cause her to drop the child causing injury to the child. He appealed against a conviction for beating the child. Held: The appeal failed. A battery could be inflicted even though the force actually used was … Continue reading Haystead v Director of Public Prosecutions: QBD 2 Jun 2000
A knife fell from the defendant’s jeans during the course of a police search. He claimed to have forgotten about it. Held: It is important to concentrate on the time in respect of which the defendant is charged. Six days earlier he had the knife on him for a good reason, because the justices found … Continue reading Director of Public Prosecutions v Gregson: QBD 23 Sep 1992
Maker of statement is the actual deponent not the source of information. Citations: Times 07-Dec-1994 Statutes: Criminal Justice Act 1988 24 Criminal Evidence Updated: 18 May 2022; Ref: scu.78710
An appeal under section 159 can be made even after the reporting restriction order has been discharged. Judges: Lord Lane CJ Citations: [1991] 1 WLR 4 Statutes: Criminal Justice Act 1988 159 Jurisdiction: England and Wales Cited by: Cited – Sarker, Regina v CACD 13-Jun-2018 The defendant was to face trial under the 2006 Act. … Continue reading Ex parte Central Independent Television: 1991
For possession of an indecent image of a child to be proved, it was necessary to establish some knowledge of its existence. Images stored without the defendant’s knowledge by browser software in a hidden cache, of which he was also unaware, were not such, and a conviction was quashed. The situation was akin to a … Continue reading Atkins v Director of Public Prosecutions; Goodland v Director of Public Prosecutions: Admn 8 Mar 2000
The defendant appealed against a confiscation order, challenging the standard of proof applied by the judge. Held: The judge was entitled to include in his consideration, the evidence given at the trial as well as that on the confiscation application. He was to apply the civil standard of proof. That power was in 71(7A), which … Continue reading Regina v Levin: CACD 29 Jan 2004
The A-G sought leave to appeal against what she saw as an unduly lenient sentence. The defendant had been given six years for rape, unlawful wounding and causing criminal damage to property. Held: Leave was refused. Although his plea to the rape charge had followed the original indication for the others by 11 days, the … Continue reading Regina v Haimes, Attorney General’s Reference (No 79 of 2009): CACD 4 Feb 2010
A restraint order had been made against O in an action under the 1988 Act. He sought a variation. On the application of the prosecutor he was ordered to file an affidavit of means. He sought to appeal, but the prosecutor said no appeal lay. Held: An appeal was possible. It succeeded only to the … Continue reading In Re O (Restraint Order: Disclosure of Assets): 1991
Citations: [1998] EWCA Crim 1439, [1998] Crim LR 213 Statutes: Criminal Justice Act 1988 23 Jurisdiction: England and Wales Citing: Cited – Attorney General’s Reference No 31 of 1995, Regina v Henry CACD 17-Oct-1996 . . Cited by: Cited – Regina v Elliott; Regina v Pearce; Regina v McGee CACD 13-May-2003 In each case a … Continue reading Regina v Wood and Maguire: CACD 30 Apr 1998
The defendant pleaded guilty to making false statements, and cheating the public revenue by understating his profits as a market trader over a protracted period. The judge made a confiscation order equal to the amount of undeclared profit. On appeal, that element was set aside. The section referred to the pecuniary advantage obtained by the … Continue reading Regina v Frank Adam Moran (Attorney General’s Reference No 25 of 2001): CACD 27 Jul 2001
It could be proper for a court to order both confiscation and compensation where the defendant’s assets could support them. Where there was insufficient to pay the compensation order, the person claiming compensation could request the confiscation to be given effect, and seek his compensation out of the amounts so recovered. The existence of a … Continue reading Regina v Mitchell (Clive), Regina v Mitchell (Jennifer): CACD 9 Jan 2001
The court has a discretion to refuse to accept written evidence from a witness abroad who had refused to come here for fear of reprisals, and particularly so where the prosecution had failed to take advantage of procedures which would have allowed the defence to cross examine the witness. Citations: Times 07-Oct-1998 Statutes: European Convention … Continue reading Regina v Radak; Regina v Adjei; Regina v Butler-Rees; Regina v Meghjee: CACD 7 Oct 1998
Where a foreign court had made criminal confiscation order, and sought to enforce it against a party here, and the order enforcing that restraint order had been discharged by the High Court, the Court of Appeal had jurisdiction to hear an appeal against discharge. Citations: Times 24-Aug-1998 Statutes: Criminal Justice Act 1988, Criminal Justice Act … Continue reading In Re M and Another (Restraint Order: External Confiscation Order): CA 24 Aug 1998
The defendant faced trial in India. The prosecutor obtained an order here restraining disposal of assets here pending the outcome of the criminal trial. Held: Where the conditions were met, an order could properly be made. The defendant, having been accused of fraud, had transferred 3 million pounds to a bank in England. Proceedings had … Continue reading Government of India v Quattrocchi: CA 20 Jan 2004
(Redacted) The court was asked to consider the meaning of ‘torture’ from events in a rebellion in Liberia in 1990. The CACD certified the following point of law of general public importance: ‘What is the correct interpretation of the term ‘person acting in an official capacity’ in section 134(1) of the Criminal Justice Act 1988; … Continue reading Taylor, Regina v: SC 13 Nov 2019
A bank, having been informed that the activities of a customer involved money laundering, found itself in a position where, if it paid out the funds, it would face conviction, but if it failed to do so, it be found to be involved in tipping off the customer. Held: This is one of the few … Continue reading Bank of Scotland v A Ltd and Others (Serious Fraud Office, Interested Party): CA 6 Feb 2001
The claimant, the former court appointed receiver of the defendant’s estate under a criminal confiscation order under the 1988 Act made on the defendant’s conviction for money laundering sought to claim against the prisoner’s assets hed by the prison service. Held: The claimant was entitled to a lien over his property to recover costs of … Continue reading Sinclair In her Capacity As the Former Receiver v Glatt Executors of Estate of Chaja Glatt and others: Admn 2008
Citations: (1990) 90 Cr App R 478 Statutes: Criminal Justice Act 1988 Jurisdiction: England and Wales Cited by: Cited – Regina v Gokal, Abas Kassimali CACD 1997 The defendant challenged admission of written statements saying that he would only be able to controvert the written statements if he gave evidence, and it was submitted that … Continue reading Regina v Cole: CACD 1990
The defendant appealed his sentence of five years after conviction for causing grievous bodily harm. Held: Care should be taken only to place relience upon guideline cases. Particular care should be adopted when considering Attorney General’s References unless they expressed themselves to be of general application, since in those cases the court was considering principally … Continue reading Regina v Lyon: CACD 12 May 2005
The Attorney General referred a sentence for inflicting grievous bodily harm in a ‘road rage’ situation. Held: The section 18 offence should have attracted a sentence of four years after a trial. Citations: [2001] EWCA Crim 68 Statutes: Offences Against the Persons Act 1861 818 Jurisdiction: England and Wales Citing: Cited – Attorney General’s Reference … Continue reading Attorney-General’s Reference No 88 of 2000: CACD 2001
The defendant challenged admission of written statements saying that he would only be able to controvert the written statements if he gave evidence, and it was submitted that that would infringe his right to silence. Held: There was no reason to think that Article 6 rights would be infringed if sections 23 and 26 were … Continue reading Regina v Gokal, Abas Kassimali: CACD 1997
The defendants had created limited companies for the sole purpose of making fraudulent reclaims of VAT. They appealed confiscation orders which attributed to each of them the whole sum received by the companies, rather than a proportionate part. Held: When looking at what property was owned by a defendant when considering a confiscation order and … Continue reading Regina v May; Regina v Bravard; Regina v Stapleton: CACD 28 Jan 2005
The defendants had been charged with four conspiracies, each of which was indicted as a conspiracy to commit offences under the 1994 Act on the one hand and under the 1988 Act on the other. The crown accepted that for a conviction for the laundering of the proceeds of drug trafficking, it was necessary to … Continue reading Regina v El-Kurd: CACD 2001
When an application is made to have evidence admitted under the 1988 Act, the evidence in support of that application must be given under oath. Citations: [1995] Crim LR 810 Statutes: Criminal Justice Act 1988 23(3) Jurisdiction: England and Wales Cited by: Cited – Lobban, Regina v CACD 7-May-2004 The defendant appealed his conviction. A … Continue reading Regina v Jennings and Miles: CACD 1995
The defendant had taken obscene images within the UK, then exported them to the US where they were sold to subscribers, including subscribers within the UK. He appealed a confiscation order. Held: It was not necessary that the money be derived directly from criminal activity in the UK. A power of confiscation would arise in … Continue reading Regina v McKinnon: CACD 19 Jan 2004
The Court of Appeal should not intervene unless it was shown that there was some error of principle in the judge’s sentence, so that public confidence would be damaged if the sentence were not altered. Citations: (1990) 90 Cr App R 358 Statutes: Criminal Justice Act 1988 35 36 Jurisdiction: England and Wales Cited by: … Continue reading Attorney-General’s Reference (No 5 of 1989); Regina v Hill-Trevor: CACD 1990
The defendant appealed a conviction of possession of indecent pseudo-photographs of children. He said that he had not seen the image, and that though he had reason to know the images were indecent, he had no reason to know that they were of children. Held: The defence in section 160(2)(b) succeeded if the defendant had … Continue reading Regina v Collier: CACD 11 Jun 2004
The court considered the approach to be taken by an appellate court asked to review a sentence said to be unduly lenient: ‘The first thing to be observed is that it is implicit in the section that this Court may only increase sentences which it concludes were unduly lenient. It cannot, we are confident, have … Continue reading Attorney-General’s Reference (No 4 of 1989): CACD 1990
In each case a witness had been unable to attend court being ill. The defendants claimed the right to cross examine the doctors as to the witness’ condition. Held: The defendant should be allowed to challenge a certificate that a material witness was unable to attend court. His absence would deprive him of the opportunity … Continue reading Regina v Elliott; Regina v Pearce; Regina v McGee: CACD 13 May 2003
HHJ Head said: that ‘merely acting in ways which would otherwise be lawful but which constitute a breach of an Restraint Order cannot amount to the necessary ingredients of Perverting’. Judges: HHJ Head Citations: Unreported, 11 Oct 2011 Statutes: Criminal Justice Act 1988 77 Cited by: Distinguished – Kenny v Regina CACD 30-Jan-2013 The appellant … Continue reading Regina v Ludlam et al: 11 Oct 2011
The A-G sought leave to refer as unduly lenient a sentence imposed on the defendant. The judge had written down his reasons but had not read them out in court. Held: The defendant was of low IQ and with other mental health problems. The judge had given reasons but then provided detailed reasons only in … Continue reading Attorney General’s Reference (No 96 of 2009); Regina v F: CACD 11 Feb 2010
The defendant had been charged with putting somebody in fear of violence contrary to section 2 of the 1997 Act. The judge found no case to answer on the count but left it on the indictment. The defendant now appealed his conviction on the lesser charge of harassment. The charge under section 2 was not … Continue reading Regina v Livesey: CACD 15 Dec 2006
The Attorney General referred the defendant’s sentence to the court as being unduly lenient. The judge had remarked as to the overcrowding of prisons. He had passed a suspended sentence of 12 months in a young offenders’ institution with 100 hours community service for possession with intent to supply of a class A drug. Held: … Continue reading Attorney General’s Reference (No 11 of 2006) Regina v Scarth: CACD 21 Mar 2006
Judges: Lord Justice Haddon-Cave Citations: [2022] EWCA Crim 412 Links: Bailii Statutes: Sexual Offences Act 2003 3, Criminal Justice Act 1988 39 Jurisdiction: England and Wales Crime Updated: 01 May 2022; Ref: scu.675603
It is for the appellant to show, on balance of probability, that the amount that might be realised in respect of property was less than the value of the proceeds of crime. Judges: Dyson J Citations: [1994] 15 Cr App R (S) 783 Statutes: Criminal Justice Act 1988 Cited by: Cited – In the Matter … Continue reading Re Walbrook and Glasgow: 1994
If on an application made in respect of a confiscation order by the defendant the High Court is satisfied that the realisable property is inadequate for the payment of the amount remaining to be recovered under the order, the court shall issue a certificate to that effect giving the court’s reasons. The realisable property for … Continue reading In Re Glatt: Admn 2002
The sentences for downloading and distributing pornographic images of children could range from the maximum to a fine. The relevant factors are whether there was a commercial or large scale operation, whether the offence was isolated, the quantity and nature of the material, the presence of any exploitation, the character of the defendant and the … Continue reading Regina v Toomer; Regina v Powell; Regina v Mould: CACD 21 Nov 2000
Application by Her Majesty’s Attorney General for leave to refer a sentence which she regards as unduly lenient, pursuant to section 36 of the Criminal Justice Act 1988. Judges: Lady Justice Macur DBE Mr Justice Pepperall Recorder of Bristol (His Honour Judge Blair QC) (Sitting as a Judge of the Cacd) Citations: [2022] EWCA Crim … Continue reading Spurdens, Regina v: CACD 17 Feb 2022
Necessary element in sentencing assault cases is consideration of injury caused. Citations: Times 05-Oct-1995 Statutes: Criminal Justice Act 1988 39 Criminal Sentencing Updated: 09 April 2022; Ref: scu.87478
Common assault sentence must reflect seriousness of injury to complainant. Citations: Ind Summary 24-Jul-1995 Statutes: Criminal Justice Act 1988 39 Criminal Sentencing Updated: 09 April 2022; Ref: scu.87479
When imposing a criminal confiscation order it was within a judge’s proper discretion to conclude on uncertain matters. This could include as here a valuation of a property and a judgement whether a charge on the property was unlikely to be enforced, and should be disregarded in calculating values available for order. Citations: Gazette 23-Sep-1998, … Continue reading Regina v Harvey: CACD 23 Sep 1998
A lockable folding knife was a fixed blade knife where a process was required in order to refold it. To be ‘a folding pocket-knife’ the blade has to be readily and immediately foldable at all times simply by the folding process. It held that a knife which on opening automatically locks and cannot be folded … Continue reading Harris v Director of Public Prosecutions; Fehmi v Director of Public Prosecutions: QBD 9 Sep 1992
Judges: Wilkie J Citations: [2006] EWHC 2751 (Admin) Links: Bailii Statutes: Drug Trafficking Act 1994, Criminal Justice Act 1988 Jurisdiction: England and Wales Criminal Sentencing Updated: 05 April 2022; Ref: scu.245977
The defendant had been convicted and made subect to a confiscation order in 1996. A final order for enforcement was made in late 2002. The defendant said the delay in the enforcement proceedings was a breach of his right to a trial within a reasonable time. Held: The reasonable time guarantee afforded by Article 6.1 … Continue reading Lloyd v Bow Street Magistrates Court: Admn 8 Oct 2003
Judges: Jefford J Citations: [2017] EWHC 2554 (QB) Links: Bailii Statutes: Criminal Justice Act 1988 Jurisdiction: England and Wales Criminal Sentencing Updated: 02 April 2022; Ref: scu.601096
Renewed application for leave to appeal against a confiscation order totalling 20 million pounds after convictions for fraud. Judges: Fuloford LJ, O’Farrell DBE J, Cooke QC HHJ Citations: [2017] EWCA Crim 741 Links: Bailii Statutes: Criminal Justice Act 1988 71 Jurisdiction: England and Wales Criminal Sentencing Updated: 27 March 2022; Ref: scu.588234
Judges: Lord Justice Toulson Citations: [2011] EWCA Civ 69, [2011] ACD 46 Links: Bailii Statutes: Criminal Justice Act 1988 71, Proceeds of Crime Act 2002 Jurisdiction: England and Wales Citing: Cited – May, Regina v HL 14-May-2008 The defendant had been convicted of involvement in a substantial VAT fraud, and made subject to a confiscation … Continue reading Glaves v Crown Prosecution Service: CA 3 Feb 2011
The defendant had defrauded women of in excess of pounds 500,000. He admitted dishonesty. The court ordered confiscation under the 1988 Act, with the benefit assessed as that figure, adjusted to pounds 600,000 to allow for the return he should have made. No assets were traced, and the police said that he had hidden it, … Continue reading Barwick, Regina v: CACD 13 Oct 2000
The appellants argued that the court had misdirected itself in law when concluding that neither appellant had satisfied him that the amount that might be realised at the time he made the confiscation orders was less than the agreed amount of benefit, a sum of pounds 3,668,990. The appeal raises the issue as to the … Continue reading Mcintosh and Another v Regina: CACD 22 Jun 2011
Appeal from conviction of possession of bladed article on basis that no defence had been offered. Citations: [2003] EWCA Crim 1287 Links: Bailii Statutes: Criminal Justice Act 1988 139 Jurisdiction: England and Wales Crime Updated: 26 March 2022; Ref: scu.441306
The defendant had pleaded guilty to offences of obtaining property by deception, The judge discussed the issue of the obtaining of benefit saying: ‘The fact that he may not have personally received all or some of the money in relation to any of those offences is immaterial for the initial purpose of determining the total … Continue reading Regina v Rees: 19 Jul 1990
Appeal against refusal to grant to the appellant a certificate of inadequacy. Held: The judge had been justified in his finding that the defendant had not discharged the burden of proof which fell upon him. Judges: Longmore, Hamblen, Irwin LJJ Citations: [2017] EWCA Civ 185, [2017] WLR(D) 212 Links: Bailii, WLRD Statutes: Criminal Justice Act … Continue reading Adams v Crown Prosecution Service (CPS): CA 27 Mar 2017
The defendant appealed his conviction for having a bladed article under the section. He had with him a butter knife, which was wooden and with no handle or cutting edge. Held: The court would not be drawn into discussing whether it was sharp. The Act required only that the article be bladed. The knife fell … Continue reading Regina v Director of Public Prosecutions: QBD 13 Apr 2005
