The defendant had been convicted of sex related offences involving committing sex acts in the presence of a child, and while they were watching. He was himself under eighteen. He appealed the part of the order declaring him a dangerous sex offender. Held: Such offences when committed by a youth were not serious specified sexual … Continue reading Regina v Blythe: CACD 4 Apr 2008
The prosecutor sought leave to appeal against a trial judge’s ruling of no case to answer. Held: On considering such an application the sole consideration was not whether there was a realistic chance of success. In this case there was little public interest in pursuing the appeal. The appeal failed. Judges: Lord Justice Scott Baker, … Continue reading Regina v Al-Ali: CACD 2 Sep 2008
The AG appealed against a sentence of three years detention imposed for a burglary of a residence not using violence, but which was targetted against elderly people. Held: The general tariff for such offences was five to six years where there had been a trial. Though it was right to reflect the general sentencing for … Continue reading Attorney-General’s Reference (No 124 of 2008), Regina v Doran: CACD 11 Nov 2008
The defendant was accused of one serious assault, but suspected of two. He appealed his conviction after the judge had refused to exclude evidence of the first assault as evidence of bad character. Held: The evidence of the defendant talking of the other incident was relevant as to his character and readiness to commit the … Continue reading Regina v Nguyen: CACD 18 Mar 2008
The defendant was charged with possessing an offensive weapon. He had been wearing combat gloves which had powdered lead or sand in patches over the knuckle area. The prosecutor appealed a finding that such articles could not be an offensive weapon. Held: The gloves had been advertised as for use for self defence. That and … Continue reading Regina v R (Gloves, Offensive Weapon): CACD 15 Nov 2007
The defendant had been acquitted. The Director of Public prosecutions announced that new and compelling evidence had come to light and a retrial was ordered. The defendant objected that the publicity surrounding the Director’s publicity release was prejudicial to his right to a fair trial. The Director now sought an order restricting publicity around the … Continue reading In re D (Acquitted Person: Retrial): CACD 27 Feb 2006
Judges: Thomas LJ, Treacy, Saunders JJ Citations: [2010] EWCA Crim 2054, (2010) 174 JP 546 Links: Bailii Statutes: Criminal Justice Act 2003 230 230A Jurisdiction: England and Wales Cited by: Cited – Leacock and Others, Regina v CACD 12-Nov-2013 The defendants sought leave to appeal against their sentences, saying that the time served calculations had … Continue reading Boutell, Regina v: CACD 19 Aug 2010
Judges: Keith J Citations: [2005] EWHC 2036 (QB) Links: Bailii Statutes: Criminal Justice Act 2003 Sch22 Jurisdiction: England and Wales Prisons Updated: 24 August 2022; Ref: scu.230954
A section 255 home detention licence revocation does not involve a deprivation of liberty so as to engage Article 5(4). Judges: Judge Milwyn Jarman QC Citations: [2010] EWHC 1557 (Admin) Links: Bailii Statutes: Criminal Justice Act 2003 246 255, European Convention on Human Rights 5(4) Citing: Applied – Benson, Regina (on the Application of) v … Continue reading McAlinden, Regina (on The Application of) v Secretary of State for The Home Department: Admn 4 May 2010
The defendants appealed against their convictions for murder, complaining of the admission against them of hearsay evidence from witnesses in Cyprus. Two of the statements had been later retracted. Held: The convictions stood. The statements had been formal ones taken by the police in Cyprus, and there was no convincing evidence of them having been … Continue reading Thakrar and Another v Regina: CACD 5 Jul 2010
The defendant appealed against his conviction for harassment. He was said to have used an imitation firearm to put a person in fear of violence. The prosecution had used texts received to the defendant’s mobile phone as ‘bad character’ evidence. The judge had ruled that they were not statements and therefore not hearsay and were … Continue reading Regina v Chrysostomou: CACD 24 Jun 2010
The defendants appealed against their convictions for the murder and manslaughter of an elderly man. Three had been present at the scene, and they blamed each other. Bad character evidence against Johnson had not been admitted at first, but had later been accepted. Held: The evidence remained admissible. Judges: Maurice Kay LJ, Royce J, Nicol … Continue reading Slack and Johnson, Regina v: CACD 28 May 2010
The defendant had been sentenced to life imprisonment for a violent treble murder, but with no minimum term set, so that he would not ever be released. Held: After the coming into effect of the 2003 Act, and the defendant’s transfer to a secure mental hosiptal on diagnosis of schizophrenia, the whole life order should … Continue reading Hardy, Regina v: QBD 14 May 2010
The judge had ruled that the evidence intended to be offered could not create offences within the 1977 Act. Verdicts of not guilty were entered. The decision was a terminating ruling. The prosecutor failed to give the appropriate section 58 undertaking on appealing. Held: Attending to the purpose of the 2003 Act, the prosecutor’s mistake … Continue reading H, Regina v: CACD 13 Feb 2008
In each case the court was asked whether a sentence imposed under section 225(2) of the 2003 CJA for the protection of the public could be made to run consecutively to the principle sentence for the offence, and how did this link in with the courts powers under the section 116 PCCA 2003. Held: Some … Continue reading O’Brien, Harris, Moss, Llewellyn and others v Regina: CACD 14 Jul 2006
The court considered the validity of of the claimant’s recall to prison. The words ‘falls to be released’ in paragraph 23 mean ‘is entitled to be released’ or ‘is released’. The author of the Order may have been suffering from ‘Homeric exhaustion’. Judges: Lord Justice May Sir Peter Gibson President of the Queens Bench Division … Continue reading Buddington v Secretary of State for the Home Department: CA 27 Mar 2006
Application for review of minimum term pursuant to Schedule 22 of the Criminal Justice Act 2003 Judges: Silber J Citations: [2008] EWHC 159 (Admin) Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 15 August 2022; Ref: scu.264089
The issue in this appeal against sentence is whether there is any legal inhibition against the imposition of a determinate sentence to be served at a time commencing at the end of a minimum term specified under section 269 and Schedule 21 to the Criminal Justice Act 2003. Citations: [2011] EWCA Crim 2236, [2012] Crim … Continue reading Regina v Taylor: CACD 14 Jul 2011
Both defendants appealed against sentence saying that the court had not given proper allowance on sentencing for the time that had spent awaiting trial under curfew and electronically tagged. Held: The appeals succeeded. Greater effort should be put into ensuring that the necessary information was properly provided for the sentencing court, and the court should … Continue reading Regina v Irving; Regina v Squires: CACD 4 Feb 2010
Applications for leave to appeal or appeals concern section 240A of the Criminal Justice Act 2003 which concerned the sentencing of defendants who had spent time awaiting tral under curfew. Judges: Hooper LJ, Swift DBE J, Morris QC HHJ Citations: [2009] EWCA Crim 2699 Links: Bailii Statutes: Criminal Justice Act 2003 240A Jurisdiction: England and … Continue reading Monaghan and Others v Regina: CACD 21 Dec 2009
The defendant had been convicted of a gruesome murder and a minimum sentence of thirty years applied. He appealed, saying that the minimum term was above the tariff. Held: Features of cannibalism took the case into the most serious categories of murder. The element was not expressly recognised in the schedule to the 2003 Act, … Continue reading Morley, Regina v: CACD 10 Jun 2009
The complainant had not attended the trial to give evidence, and the judge refused a request for an adjournment, finding that there were no reasonable grounds for anticipating that she could be found and would be a willing witness. Held: Such an order, even though it was a case management decision, might constitute a terminating … Continue reading Regina v Clark: CACD 9 Oct 2007
Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on licence but then recalled to custody. The other appeals (Booth and Reilly) were indeterminate sentence prisoners … Continue reading Osborn v The Parole Board: SC 9 Oct 2013
The prisoner, subject to a term of imprsonment for public protection, and had completed thr tariff period. He now challenged the decision of the Board not to direct his relase and or transfer to open conditions. Held: The appeal failed. The test for release from IPP mirrored the test for imposition of a sentence of … Continue reading Bayliss, Regina (On the Application of) v Parole Board: CA 22 Jul 2009
The court examined the provisions distinguishing between sentences of imprisonment for life and imprisonment for public protection (IPP) in cases involving very serious gun and drugs crimes. Held: The Avis case guidelines remained valuable, but this case involved the large scale importation and distribution of firearms and new statutory provisions. The references to indeterminate sentences … Continue reading Wilkinson and Others, Regina v, Attorney-General’s Reference No 43 of 2009: CACD 6 Oct 2009
The claimant appealed against refusal of permission to claim assault by poice officers acting in the course of an arrest of him. He had later been convicted of the offence for which he was arrested. Judges: Longmore, Toulson, Patten LJJ Citations: [2009] EWCA Civ 971 Links: Bailii Statutes: Criminal Justice Act 2003 329 Jurisdiction: England … Continue reading Buike v Chief Constable of West Yorkshire: CA 15 Jul 2009
The DPP appealed by case stated against a dismissal of a charge against the respondent following a driving incident. He complained of the admission of bad character evidence saying that it would be unfair under section 78 of the 1984 Act. The magistrates had accepted that submission. Held: The Crown had sought to adduce the … Continue reading Director of Public Prosecutions v Agyemang: Admn 24 Jun 2009
The defendant appealed against the minimum term imposed on her under the 2003 Act. She argued that the court should have made allowance for the fact that she had made exceptional progress since arriving in prison. Held: Caines established that the judge could take exceptional progress into account ‘and that one of the central reasons … Continue reading Barker, Regina v: CACD 24 Oct 2008
The court considered the application of section 58 to prosecution appeals and the use of the ‘acquittal agreement’. Citations: [2008] EWCA Crim 370 Links: Bailii Statutes: Criminal Justice Act 2003 58 Jurisdiction: England and Wales Cited by: Cited – Regina v RL and JF CACD 28-Aug-2008 Club, not members, prosecutable for breach The Environment Agency … Continue reading Regina v R: CACD 29 Feb 2008
Each defendant appealed on the basis that they had not had proper opportunity to cross examine prosecution witnesses whose evidence had been accepted by the court. In each case evidence had been hearsay. In two cases, the witness had died before trial, in the third the witness did not attend for fear, and in the … Continue reading Horncastle and Others v Regina: CACD 22 May 2009
The court asked whether the conviction of a co-defendant was correctly admitted as evidence against her co-accused, and if not what was the effect on the fairness of the trial. Held: The plea of the co-defendant should not have been admitted. The issue at this trial was as to matters on which the first trial … Continue reading Girma and Others, Regina v (Rev 1): CACD 15 May 2009
Appeal from section 269 order imposed on conviction for murder. Citations: [2005] EWCA Crim 802 Links: Bailii Statutes: Criminal Justice Act 2003 269(4) Jurisdiction: England and Wales Criminal Sentencing Updated: 26 July 2022; Ref: scu.342965
Appeal with the leave of the single judge against an extended sentence of imprisonment imposed Citations: [2007] EWCA Crim 3448 Links: Bailii Statutes: Criminal Justice Act 2003 227 Jurisdiction: England and Wales Criminal Sentencing Updated: 26 July 2022; Ref: scu.278930
Scott Baker LJ said that: ‘We think it is important to point out that, as a matter of generality, section 114 cannot and should not be applied so as to render section 116 nugatory.But section 114(1)(d) should not be so narrowly applied that it has no effect. It follows that there will be cases in … Continue reading O’Hare, Regina v: CACD 7 Sep 2006
The court considered the justification for extended sentences of imprisonment for public protection: ‘Its justification is the protection of the public. It is indeterminate. Release depends on the judgment of the Parole Board as to the risk which the prisoner presents. The court must fix a minimum term before which release cannot be considered, calculated … Continue reading Pedley, Martin and Hamadi v Regina: CACD 14 May 2009
Judges: Hooper LJ Citations: [2008] EWCA Crim 2923, (2009) 173 JP 1 Links: Bailii Statutes: Criminal Justice Act 2003 101(1)(f) Jurisdiction: England and Wales Crime Updated: 24 July 2022; Ref: scu.341710
The defendant appealed from an order of the judge that 88 days spent in custody should not go toward his sentence for theft and handling stolen goods. The judge said that the offences had been committed while the defendant was released on licence from a sentence for other offences. Judges: Lord Judge LCJ, Wyn Williams … Continue reading Metcalfe, Regina v: CACD 18 Feb 2009
The prosecutor appealed from the acquittal of the defendant on a charge of murder. He had subsequently been said to have admitted to the offence while in prison on other offences. Held: The confessions did amount to new evidence within the section. However the confessions were not reliable. They were inconsistent with the evidence, and … Continue reading Mielll, Regina v: CACD 21 Dec 2007
The length of a community order should not be determined by the length of time required to complete an associated task. Judges: Lord Justice Moses, Mr Justice Burnett and Judge Morris, QC Citations: [2008] EWCA Crim 2795, Times 05-Dec-2008 Links: Bailii Statutes: Criminal Justice Act 2003 177(5) Jurisdiction: England and Wales Criminal Sentencing Updated: 22 … Continue reading Davison, Regina v: CACD 3 Nov 2008
The defendants appealed against the minimum term set for murder, with minimum tariffs calculated having started at 30 years. The terms had been set on the basis that the murder had been sadistic. Held: The appeals were successful. The deceased had been systematically attacked, tormented and finally beaten to death. To count as sadistic under … Continue reading Regina v Bonellie; Regina v Hughes,; Regina v Miller: CACD 17 Jun 2008
The prisoner who had been made subject to an Imprisonment for Public Protection order had completed his tariff, and now challenged the decision of the respondent Board to order neither his release nor a transfer to an open prison. Held: The appeal failed. Judges: Cranston J Citations: [2008] EWHC 3127 (Admin) Links: Bailii Statutes: Criminal … Continue reading Bayliss, Regina (on the Application of) v the Parole Board and Another: Admn 13 Nov 2008
The defendant had been convicted of several offences involing serious assaults. He now appealed against a sentence to imprisonment for public protection. Judges: Latham L, Burton, Teare JJ Citations: [2007] EWCA Crim 2650, [2007] All ER (D) 376 Links: Bailii Statutes: Criminal Justice Act 2003 225 Citing: Cited – O’Brien, Harris, Moss, Llewellyn and others … Continue reading Crees, Regina v: CACD 24 Oct 2007
The defendants sought to appeal against their sentences for withholding information about terrorism. Held: The factor determing the sentence was not principally the extent of the information which might have been provided, but rather the seriousness of the terrorist activity. Time which had been spent awaiting trial subject to a curfew enforced by means of … Continue reading Sherif and Others, Regina v: CACD 21 Nov 2008
The prisoner disputed the calculation of the date when she would become entitled to consideration for early release under a Home Detention Curfew. The Secretary of State appealed against a decision that his policy guidance was unlawful. Held: The appeal succeeded. Where several offences were imposed at the same time, those sentences under one year … Continue reading Noone, Regina (on the Application of) v HMP Drake Hall and Another: CA 17 Oct 2008
Mr Ballie, a former solicitor, was found guity of contempt in the face of the court and sentenced to six months imprisonment. It was said that he had continued to call himself a solicitor and had so practised after he had been struck from the Roll of Solicitors. Judges: Simon Barker QC J Citations: [2011] … Continue reading Balli (Also Known As Ravinder Singh), Re Contempt of Court: ChD 1 Jul 2011
The court considered the circumstances under which evidence of previous convictions could be admitted against a defendant where he did not admit that he was the same person. Judges: Newman J Citations: [2005] EWHC 2938 (Admin), [2006] 2 All ER 317 Links: Bailii Statutes: Criminal Justice Act 2003 103 Jurisdiction: England and Wales Cited by: … Continue reading Pattison v Director of Public Prosecutions: Admn 15 Dec 2005
Determination of minimum term to be served by prisoner after conviction for murder. Judges: Beatson J Citations: [2007] EWHC 1068 (QB) Links: Bailii Statutes: Criminal Justice Act 2003 22 Jurisdiction: England and Wales Criminal Sentencing Updated: 17 July 2022; Ref: scu.252372
The defendant appealed against his conviction for sexual assault on his daughter. Whilst he was in custody, the police approached his wife and took a statement from her which was used in evidence. The defendant complained that since they had not warned her that she was not compellable as a witness, the statement should not … Continue reading RL v Regina (Evidence of wife): CACD 7 May 2008
The defendant appealed his sentence for making indecent images of children. Additional sentences had been imposed for public protection. He had a previous conviction for a similar offence. Held: The additional sentence should not have been imposed. He had not gone beyond the downloading of images. ‘The link between the offending act of downloading these … Continue reading Terrell, Regina v: CACD 21 Dec 2007
Citations: [2008] EWCA Crim 758 Links: Bailii Statutes: Criminal Justice Act 2003 Jurisdiction: England and Wales Cited by: Cited – O’Dowd v Regina CACD 12-May-2009 The defendant appealed against his conviction for serious sexual offences. The trial was very lengthy after the prosecution introduced bad character evidence from other allegations from some 17 years or … Continue reading Mckenzie v Regina: CACD 11 Apr 2008
The court considered the complications created when the schemes for providing early release of short term prisoners had not been implemented, but the new Act impacted in the previous arrangements anyway as regards those sentenced to consecutive sentences for less and more than 12 months. The Secretary of State had issue a policy guidance which … Continue reading Noone, Regina (on the Application of) v HMP Drake Hall and Another: Admn 31 Jan 2008
The claimant prisoner complained that the Parole Board was insufficiently independent of government to provide a fair hearing. The court at first instance had found that the relationship between the Parole Board and the sponsoring Department put the Secretary in a position of apparent influence over the approach of the Parole Board in its curial … Continue reading Brooke and Others, Regina (on the Application of) v The Parole Board and Another: CA 1 Feb 2008
The court considered an appeal against sentence where the judge, in activating a suspended sentence had not allowed for time spent in custody on remand. Maddison J said: ‘The Registrar referred this case to the full court so that it could consider the lawfulness of the judge’s approach. This case illustrates the sorts of problems … Continue reading Regina v Mari: CACD 2010
The Board appealed by way of case stated against the dismissal of its summons alleging failure by the respondent without reasonable excuse to perform unpaid work as part of his sentence. Judges: Leveson LJ, Cranston J Citations: [2010] EWHC 615 (Admin), [2010] ACD 56, (2010) 174 JP 305 Links: Bailii Statutes: Criminal Justice Act 2003 … Continue reading West Yorkshire Probation Board v Cruickshanks: Admn 24 Mar 2010
The court considered the admission of bad character evidence under the 2003 Act which was not clear. Rix LJ said: ‘In our judgment, however, the words of the statute ‘has to deal with’ are words of prima facie broad application, albeit constituting a phrase that has to be construed in the overall context of the … Continue reading McNeill, Regina v: CACD 6 Nov 2007
The Board complained that the defendants had failed to comply with the requirements of community service orders. They appealed against a finding that the complaints were not made out. The defendants had not attended because they were appealing their convictions. Held: ‘like any other sentence, a community order takes effect when it is imposed and … Continue reading West Midlands Probation Board v Sutton Coldfield Magistrates’ Court and others: Admn 11 Jan 2008
The Crown appealed against a ruling that the court would not admit a written statement of a defendant from a related trial implicating the defendant. Held: A Court of Appeal will only interfere with a ruling under the Act if the ruling falls outside the range of reasonable decisions at which the judge could properly … Continue reading Y, Regina v: CACD 25 Jan 2008
Standing alone, a refusal by a convicted first-time sex offender to admit his guilt could warrant a finding of dangerousness. Judges: Hooper LJ, McCombe, Openshaw JJ Citations: [2007] EWCA Crim 2052 Links: Bailii Statutes: Criminal Justice Act 2003 Citing: Cited – Lang and Others, Regina v CACD 3-Nov-2005 In each case the defendant had commited … Continue reading Xhelollari, Regina v: CACD 12 Jul 2007
The claimant had been released on licence, and recalled. He complained that the parole board had, in considering his re-release taken into account circumstances beyond those which had directly caused his recall. Held: The prisoner’s appeal failed. The Board was entitled to take into account all the circumstances, including but not limited to, the reason … Continue reading Regina (Gulliver) v Parole Board: CA 4 Jul 2007
The prosecution sought to introduce evidence of the words used in a phone call between someone wanting drugs and the defendant, who was accused (amongst other things) of being concerned in making an offer to supply a controlled drug of class, ie amphetamines. The police had covertly taped the call. The prosecution wanted to support … Continue reading Regina v MK: CACD 4 Dec 2007
Citations: [2007] EWCA Crim 1760, [2007] 2 Crim App R 30 Links: Bailii Statutes: Criminal Justice Act 2003 Jurisdiction: England and Wales Cited by: Cited – O’Dowd v Regina CACD 12-May-2009 The defendant appealed against his conviction for serious sexual offences. The trial was very lengthy after the prosecution introduced bad character evidence from other … Continue reading Wallace v Regina: CACD 16 Jul 2007
The defendants had had their recommended minimum sentences fixed after being sentenced to life imprisonment. They complained that in fixing the terms, the judge had had regard to Schedule 21 of the 2003 Act. Held: Each of the three defendants had been found to pose a continued and serious risk if released. The judge had … Continue reading McNee and Others, Regina v: CACD 3 May 2007
The defendant had been convicted of posing as a solicitor in order to commit frauds. He appealed, saying that the court had wrongly admitted evidence of his dealings with illegal immigrants. Held: The evidence admitted was highly relevant as evidence of bad character. The section has to be applied after a fact-specific exercise. The court … Continue reading Tirnaveanu, Regina v: CACD 24 May 2007
A serving prisoner was stabbed to death in his cell. The appellant admitted that he had punched the victim twice but maintained that another man had stabbed him, which explained the incriminating presence of the victim’s blood in the vicinity of the appellant’s cell and on his hand. As the victim lay dying, he uttered, … Continue reading Musone v Regina: CACD 23 May 2007
The appeal concerns the effect of breaches of the Code of Practice in relation to identification evidence and the admissibility of certain details on a Police National Computer print-out. Judges: Jackson J Citations: [2007] EWHC 1061 (Admin) Links: Bailii Statutes: Police and Criminal Evidence Act 1984, Criminal Justice Act 2003 117 Criminal Practice Updated: 11 … Continue reading Wellington, Regina (on the Application of) v the Director of Public Prosectuions: Admn 1 May 2007
The court (per Gage LJ) considered it strongly arguable that the practice of allowing to the jury the right to acquit an accused at any time after the close of the prosecution case, could not survive Article 6. Gage LJ identified the dangers involved in a judge telling a jury that it has a right … Continue reading Collins and Others, Regina v: CACD 20 Apr 2007
The defendant appealed his conviction for rape. He said the girl had consented, despite having drunk substantial quantities of alcohol. Held: The voluntary consumption of much alcohol did not remove the possibility that the girl had consented to sex. Capacity to consent might evaporate well before she became unconscious, but it was a question of … Continue reading Bree, Regina v: CACD 26 Mar 2007
The court considered the practical difficulties which arose in imposing extended sentences with determinate sentences. Held: The appropriate determinate sentence should be imposed first, and only then the consecutive extended sentence. Consecutive sentences should still generally be avoided. Citations: Times 09-May-2007, [2007] EWCA Crim 680 Links: Bailii Statutes: Crime and Disorder Act 1998, Powers of … Continue reading Regina v C, Bartley and others: CACD 22 Mar 2007
The defendant appealed his conviction for murder. He complained at the admission of a statement made by the police surgeon who had attended him in the police station as evidence of bad character under the 2003 Act. The statement was as to his liability to snap if he had not taken medication. The defendant said … Continue reading Osbourne, Regina v: CACD 13 Mar 2007
The court considered how it could marry the law against the increase of penaties on appeal with the possible need to correct a judge’s error in sentencing. It summarised the provisions for sentencing for specified offences: ‘[The] regime requires the court to carry out a careful step by step evaluation of the sentencing consequences of … Continue reading Reynolds and Others, Regina v: CACD 8 Mar 2007
Appeal against finding that a police officer had assaulted the claimant in the course of his arrest. Judges: Mr Justice Jeremy Baker Citations: [2019] EWHC 1485 (QB) Links: Bailii Statutes: Criminal Justice Act 2003 329 Jurisdiction: England and Wales Torts – Other Updated: 10 July 2022; Ref: scu.638448
The defendant objected to the admission against him of documents of his convictions for similar sexual offences in Poland. Held: So far as the rule in Hollington v Hewthorn ever applied in criminal cases, it was not disapplied by section 99 of the 2003 Act. Judges: Lord Justice May, Mr Justice David Clarke and Mr … Continue reading Regina v Kordansinski: CACD 7 Nov 2006
The court considered the effect on sentencing for road traffic cases after the increase in sentence maxima for causing death by dangerous driving and causing death by careless driving when under the influence of drink or drugs, and the effect on the guidelines in Cooksley. Held: The guidelines in Cooksley should be revisited so that … Continue reading Richardson and Others, Regina v: CACD 18 Dec 2006
The prisoners appealed the review of the recommended minimum terms they must serve on that term being reviewed by the court, saying that the court should have made allowance for the exceptional progress to rehabilitation made in prison. Held: If the evidence is in essence fresh information about the offender, a court will normally not … Continue reading Caines, Regina v, Regina v Roberts: CACD 23 Nov 2006
The prosecution sought leave to appeal the quashing of an indictment. Held: Section 53 of the 2003 Act could not be used for this purpose. The defendants had successfully challenged the adequacy of the Crown’s case before trial. The defendants had not therefore been arraigned, and the dismissal did not amount to a formal acquittal … Continue reading Thompson and Another, Regina v: CACD 22 Nov 2006
The defendant appealed the imposition of a sexual offences prevention order under section 66, saying that it did not comply with sections 224 to 227 of the CJA 2003. If the judge had thought there was a serious risk of harm and extended sentence would have been imposd. Held: Sexual prevention orders were not subject … Continue reading Richards, Regina v: CACD 27 Oct 2006
The court provided explanation of the nature of sentences passed for public protection under the 2003 Act, and in particular whether it was correct to base the assessment on previous convictions. Held: ‘dangerousness’ is intended to represent a convenient shorthand for those cases where ‘The court is of the opinion that there is a significant … Continue reading Johnson, Regina v; Regina vHamilton; Attorney General’s Reference (No 64 of 2006): CACD 20 Oct 2006
The Attorney General appealed unduly lenient minimum terms set for the defendants who had been convicted of an exceptionally violent murder. Held: The terms would be increased. The starting point was 30 years for such an offence. The fact that there was no sexual element in the sadistic acts did not prevent the acts being … Continue reading Regina v Swindon; Regina v Peart; Attorney-General’s Reference (Nos 108 and 109 of 2005): CACD 16 Feb 2006
The defendant said that the judge in setting his sentence had failed correctly to identify the time he had spent in custody awaiting trial, and which would act as time served. Held: The defendants were entitled to a direction. If the time for varying the order under s155 of the 2000 Act had passed, an … Continue reading Norman and Others, Regina v: CACD 20 Jul 2006
The defendant had been convicted of repeatedly raping a 12 week old girl, and other sexual offences against young girls. After pleading guilty, the judge had passed a life sentence setting the minimum term at six years which was lower because of the guilty plea. His partner had been convicted as an accomplice but took … Continue reading French and Webster, Regina v (Attorney General’s Reference No 14 and No 15 of 2006): CACD 8 Jun 2006
The appellant had been seen to hit another car while parking in a Sainsbury’s car park, and to have driven off. She appealed her conviction for driving without due care and attention and of failing to report the accident. The court admitted as evidence a log of the report of the incident to the police. … Continue reading Maher v Director of Public Prosecutions: Admn 12 May 2006
Determination of length of tie to be served after conviction for murder (4 counts) and life sentence imposed, but no minimum term imposed. Judges: Stanley Burnton J Citations: [2007] EWHC 2845 (QB) Links: Bailii Statutes: Criminal Justice Act 2003 Jurisdiction: England and Wales Criminal Sentencing Updated: 06 July 2022; Ref: scu.262118
The defendant appealed his convictions for sexual assault, saying that details of his previous convictions should not have been admitted under the 2003 Act. Held: The appeal succeeded. Where there was a risk of evidence of previous complaint being contaminated through collusion, the court should make that assessment first before then considering whether to admit … Continue reading Card, Regina v: CACD 11 May 2006
Judges: Jacj J Citations: [2005] EWHC 2624 (QB) Links: Bailii Statutes: Criminal Justice Act 2003 Sch 22 p3 Jurisdiction: England and Wales Prisons Updated: 04 July 2022; Ref: scu.236701
The defendant objected to evidence being used as evidence of bad character against him under the 2003 Act, when it would not have been admissible as similar fact evidence under the old rules. Held: Obiter dicta in O’Brien did not mean that the Act merely codified existing law.The Act made the pre-existing test obsolete. Once … Continue reading Regina v Weir, Somanathan,Yaxley-Lennon, Manister, Qiang He and De Qun He: CACD 11 Nov 2005
The complainant alleged that the defendant had forced her into prostitution under duress. Hearsay evidence had been admitted from members of the complainant’s family as to what she had told them. They were not available to give evidence at the trial. Held: The defendant had no objected to evidence from the complainant as to the … Continue reading Regina v Xhabri: CACD 7 Dec 2005
The defendant appealed against his convictions for sexual and other serious assaults. He complained of the admission in evidence of previous convictions and the methods used by him. Held: The appeal failed: ‘Judge Brown dealt with the previous convictions in a manner in respect of which no possible objection can be taken. He did not … Continue reading Humphris, Regina v: CACD 19 Jul 2005
The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the tarriff was set by reference back to a judge without a … Continue reading Hammond, Regina (on the Application of) v Secretary of State for the Home Department: HL 1 Dec 2005
Each defendant had been convicted after admission of bad character evidence against them under the 2003 Act. Held: The admission of such evidence was a matter of discretion for the trial judge. The exercise of such discretion will only rarely been interfered with by a court of appeal: ‘Having concluded that none of the individual … Continue reading Renda, Regina v; Regina v Ball; Regina v Akram etc: CACD 10 Nov 2005
Setting of minimum term for lifer convicted of murder. Judges: Leveson J Citations: [2005] EWHC 1933 (QB) Links: Bailii Statutes: Criminal Justice Act 2003 Jurisdiction: England and Wales Criminal Sentencing Updated: 04 July 2022; Ref: scu.231099
The defendants appealed the use made of their previous records once they had become admissible after they had attacked the character of prosecution witnesses. Held: It was proper that once the defendant had allowed his criminal record to be put in after he had attacked the character of a prosecution witness, that record could also … Continue reading Highton, Van Nguyen and Carp, Regina v: CACD 28 Jul 2005
Citations: [2005] EWHC 1236 (QB) Links: Bailii Statutes: Criminal Justice Act 2003 Sch22 Jurisdiction: England and Wales Citing: See Also – Middleton, Regina v CACD 11-Mar-2005 . . See Also – Middleton and Others, Regina v QBD 27-May-2005 . . Lists of cited by and citing cases may be incomplete. Criminal Sentencing Updated: 03 July … Continue reading Middleton and Another, Regina v: QBD 15 Jun 2005
Judges: Gloster J Citations: [2005] EWHC 1035 (QB) Links: Bailii Statutes: Criminal Justice Act 2003 Sch22 p3 Citing: See Also – Middleton, Regina v CACD 11-Mar-2005 . . Cited by: See Also – Middleton and Another, Regina v QBD 15-Jun-2005 . . Lists of cited by and citing cases may be incomplete. Criminal Sentencing Updated: … Continue reading Middleton and Others, Regina v: QBD 27 May 2005
The defendants appealed their convictions. In one case the prosecution had brought evidence of bad character. Bovell was convicted of wounding with intent, pleading self-defence. His legal team later discovered that the complainant had himself been investigated for a similar offence, but the alleged victim had withdrawn the complaint. B argued that, had he known … Continue reading Regina v Bovell; Regina v Dowds: CACD 25 Apr 2005
In each case a young person had been convicted on a guilty plea of murder. The court considered the affect on sentence of the defendant’s age and maturity. Held: A difference of a few months might make an arbitrary difference in the minimum sentence of as much as three years. This was arbitrary and it … Continue reading Regina v Peters, Palmer, Campbell: CACD 10 Mar 2005
Appeals were heard on the application of new sentencing guidelines to the defendant’s cases retrospectively. They had pleaded guilty to murders, and the issues was as to the minimum terms set. Held: The judge had to set the minimum term in open court. Guidelines had now been issued to the effect that if a whole … Continue reading Last and others v Regina; Attorney General’s Reference No 108 of 2004: CACD 25 Jan 2005
The defendant complained that his criminal record had been placed before the jury under the Act, even though the proceedings had been begun before the commencement date. Held: The provisions of the Act were procedural in nature and therefore not subject to any rule against reprospectivity. The court criticised the drafting of the Act. Judges: … Continue reading Bradley, Regina v: CACD 14 Jan 2005
Citations: [2008] EWCA Crim 463 Links: Bailii Statutes: Criminal Justice Act 2003 58 Jurisdiction: England and Wales Crime Updated: 27 June 2022; Ref: scu.266104
The defendant appealed against his conviction for serious sexual offences. The trial was very lengthy after the prosecution introduced bad character evidence from other allegations from some 17 years or more before. Judges: Scott Baker LJ, Rafferty DBE J, Beatson J Citations: [2009] EWCA Crim 905, [2009] 2 Cr App R 16, [2009] Crim LR … Continue reading O’Dowd v Regina: CACD 12 May 2009
Admission of hearsay evidence and secondly, the circumstances in which a Jury note may give rise to a decision to discharge them from returning verdicts. Citations: [2019] EWCA Crim 602 Links: Bailii Statutes: Criminal Justice Act 2003 Jurisdiction: England and Wales Criminal Evidence, Criminal Practice Updated: 14 June 2022; Ref: scu.635650