Tag: Criminal Sentencing

Lavery, Regina v: CACD 9 Oct 2008

Where an offence which was one schedules as to be taken into consideration was in fact more serious than the offence tried, there was no reason why the court should not impose a greater sentence for the greater offence.

Judges:

Lord Judge, Lord Chief Justice, Mr Justice Owen and Mr Justice

Citations:

[2008] EWCA Crim 2499, Times 20-Oct-2008, [2009] 3 All ER 295, (2008) 172 JPN 806

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 09 December 2022; Ref: scu.277324

Regina v A and B: CACD 1999

Lord Bingham CJ discussed the effect on sentence of the defendant having provided information of assistance to the police: ‘If the information given is accurate, particularised, useful in practice, and hitherto unknown to the authorities, enabling serious criminal activity to be stopped and serious criminals brought to book, the discount may be substantial.
Where, by supplying valuable information to the authorities, a defendant exposes himself or his family to personal jeopardy, it will ordinarily be recognised in the sentenced passed. For all these purposes, account will be taken of help given and reasonably expected to be given in the future.’ If a defendant is convicted and sentenced without giving information to te police or without expressing a willingness to do so, then the Court of Appeal will not usually take account of information that is subsequently supplied after sentence, because it is a reviewing court, not one with original jurisdiction so far as sentencing is concerned.

Judges:

Lord Bingham CJ

Citations:

[1999] Cr App R S 52

Jurisdiction:

England and Wales

Cited by:

Applied – Regina v R (Informer: Reduction of Sentence) CACD 28-Jan-2002
After conviction, but before sentence, the defendant had co-operated with the police in providing information about crimes other than the one for which he had been convicted. Further information had been given after he had been sentenced. He . .
Cited – Regina v Z CACD 26-Jun-2007
The defendant appealed against his sentence for conspiracy to supply large volumes of prohibited drugs, the consecutive sentences totalling 18 years. The defendant had provided information to the police which had resulted in the recovery of . .
Cited – Regina v K CACD 12-Apr-2002
The defendant appealed a sentence of 26 years for conspiracy to supply heroin. . .
Cited – AXN v The Queen CACD 27-May-2016
The defendant argued that greater note should have been taken on his sentencing to allow for the assistance he had given to the police after his arrest.
Held: The current accepted practice is that the text of the letter from the police to the . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 09 December 2022; Ref: scu.183440

Gibson, Regina (on The Application of) v Secretary of State for Justice: SC 24 Jan 2018

The appellant had been sentenced to 5 years imprisonment and a confiscation order pounds 5.4m with six years in default. Small payments were made later by his receivers, but the interest had taken the total sums due over pounds 8m at the time of payments. The Court was asked say whether when calculating the credit against time spent, the sums were as against the sums originally due, or the sums at the time of payment.
Held: The claimant’s appeal was allowed. At the time, the 1994 Act applied, under which the interest was to be treated as part of the amount to be recovered. s.79(2) expressly say that the days to be deducted are to be the number which bear the same proportion to the total default term imposed (by the Crown Court) as the part payments bear ‘to so much of the said sum . . as was due at the time the period of detention was imposed’. At the time the Crown Court imposed the default term, there was as yet no interest accrued at all. The words of a penalty statute are not to be strained to achieve a prejudicial outcome.

Judges:

Lord Mance, Deputy President, Lord Reed, Lord Carnwath, Lord Hughes, Lady Black

Citations:

[2018] UKSC 2, [2018] Lloyd’s Rep FC 195, [2018] 2 All ER 478, [2018] 1 Cr App R (S) 51, [2018] 1 WLR 629, UKSC 2016/0052

Links:

Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Summary Video, SC 2017 Dec 5 am Video, SC 2017 Dec 5 pm Video

Statutes:

Magistrates Courts Act 1980 79(2), Drug Trafficking Act 1994, Powers of Criminal Courts (Sentencing Act) 2000

Jurisdiction:

England and Wales

Citing:

At Admn – Gibson, Regina (on The Application of) v Secretary of State for Justice Admn 4-Sep-2013
. .
Appeal from – Gibson, Regina (on The Application of) v Secretary of State for Justice CA 11-Nov-2015
‘The issue in the case is whether the words ‘the said sum . . as was due at the time the period of detention was imposed’ in section 79(2) of the Magistrates’ Court Act (MCA) 1980 should be construed in the case of confiscation orders made under the . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Magistrates

Updated: 04 December 2022; Ref: scu.603119

Martin v Director of Public Prosecutions: QBD 30 Nov 1999

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

Citations:

Times 30-Nov-1999, Gazette 08-Dec-1999

Statutes:

Road Traffic Offenders Act 1988 44(1), Road Traffic Act 1972 9(1)(a)

Jurisdiction:

England and Wales

Road Traffic, Criminal Sentencing

Updated: 01 December 2022; Ref: scu.83440

Regina v Robinson: CACD 27 Nov 1992

The defendant appealed against sentence after conviction for attempted rape. He said that the offence, being charged under the 1981 Act was not a sexual offence, and neither was it a violent one within the 1991 Act.
Held: The appeal failed. Attempted rape is a sexual offence under the 1956 Act. Attempted rape was to be treated exactly as the full offence. The 1991 Act characterised ‘violent’ offences widely, and inlcuded no requiremet that any physical injury should be serious. He therefore fell to be sentenced under section 53(2) of the 1933 Act, and the maximum sentence was not to be limited to a maximum of 12 months.

Judges:

Lord Taylor of Gosforth LCJ, Pott, Judge JJ

Citations:

Independent 12-Jan-1993

Statutes:

Criminal Attempts Act 1981, Criminal Justice Act 1991, Sexual Offences Act 1956, Children and Young Persons Act 1933 53(2)

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 20 November 2022; Ref: scu.87636

Irfan, Regina (on The Application of) v Secretary of State for The Home Department: CA 14 Nov 2012

The claimant challenged the application to him of the notification requirements under the 2006 Act.
Held: It was not disproportionate to impose the notification requirement for ten years after release on license even though there was no right of review.

Judges:

Maurice Kay, Munby, Tomlinson LJJ

Citations:

[2012] EWCA Civ 1471, [2013] HRLR 6, [2013] QB 885, [2012] WLR(D) 328, [2013] 2 WLR 1340, [2013] 1 QB 885

Links:

Bailii, WLRD

Statutes:

Terrorism Act 2006

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 06 November 2022; Ref: scu.465797

Regina v Docklands Estates Ltd: CACD 22 Sep 2000

The offence committed by an estate agent of erecting ‘House Sold’ signs outside house in which it had had no instructions, was the offence of giving a false indication that services were supplied. The offence was commercial, and the penalty should be judged accordingly. The offence was unsightly, was for commercial gain, and to the disadvantage of honest agents. Current fines levels were too low, and a fine of pounds 2,000 per offence was a proper level.

Citations:

Times 22-Sep-2000

Statutes:

Trade Descriptions Act 1968 13

Jurisdiction:

England and Wales

Criminal Sentencing, Consumer

Updated: 06 November 2022; Ref: scu.85237

Mackle and Others, Regina v: CANI 16 Oct 2007

The defendants appealed against confiscation orders made on sentencing for conspiracy to import cigarettes so as to evade customs duty.
Held: Girvan LJ identified the two principal issues as (i) whether the appellants had consented to the making of the consent orders on an incorrect legal basis (and that therefore the trial judges had likewise wrongly made the orders); and (ii) whether the orders having been made on consent, the appellants were in any event bound by them.

Judges:

Kerr LCJ, Campbell LJ and Girvan LJ

Citations:

[2007] NICA 37, [2008] NI 183

Links:

Bailii

Jurisdiction:

Northern Ireland

Cited by:

Appeal from – Mackle, Regina v SC 29-Jan-2014
Several defendants appealed against confiscation orders made against them on convictions for avoiding customs and excise duty by re-importing cigarettes originally intended for export. They had accepted the orders being made by consent, but now . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Criminal Sentencing, Customs and Excise

Updated: 06 November 2022; Ref: scu.261668

Regina v Parole Board, ex Parte Watson: CA 11 Mar 1996

The test as to whether there was still a need to protect the public safety from the defendant was just as appropriate when considering the revocation of a licence, as it was when the need for continued detention was being reviewed before the grant of the licence: ‘In exercising its practical judgment the Board is . . balancing the hardship and injustice of continuing to imprison a man who is unlikely to cause serious injury to the public against the need to protect the public against a man who is not unlikely to cause such injury. In other than a clear case this is bound to be a difficult and very anxious judgment. But in the final balance the Board is bound to give preponderant weight to the need to protect innocent members of the public against any significant risk of serious injury.’ The Parole Board, in exercising this very important function, is an independent and impartial tribunal for purposes of article 6(1) of the European Convention. It is the primary decision-maker, and is not entitled to defer to the opinion of the Secretary of State or a probation officer.

Judges:

Sir Thomas Bingham MR

Citations:

Times 11-Mar-1996, [1996] EWCA Crim 44, [1996] 1 WLR 906

Statutes:

Criminal Justice Act 1991 39

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Parole Board, Ex Parte Watson QBD 22-Nov-1995
The test for whether or not to recall a lifer who was free on licence is the same test as was used for his release, namely whether his detention was required for the protection of the public. . .

Cited by:

Cited – Roberts v Parole Board CA 28-Jul-2004
The discretionary life-prisoner faced a parole board. The Secretary of State wished to present evidence, but wanted the witness to be protected. The Parole Board appointed special counsel to hear the evidence on behalf of the prisoner on terms that . .
Cited – Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals) HL 27-Jan-2005
Each defendant challenged the way he had been treated on revocation of his parole licence, saying he should have been given the opportunity to make oral representations.
Held: The prisoners’ appeals were allowed.
Lord Bingham stated: . .
Cited – McClean, Re HL 7-Jul-2005
The appellant was serving a life sentence for terrorist offences. He complained that he should have been released under the 1998 Act. It was said he would be a danger to the public if released. On pre-release home leave he was involved in a . .
Cited – Roberts v Parole Board HL 7-Jul-2005
Balancing Rights of Prisoner and Society
The appellant had been convicted of the murder of three police officers in 1966. His tariff of thirty years had now long expired. He complained that material put before the Parole Board reviewing has case had not been disclosed to him.
Held: . .
Cited – Regina (Gulliver) v Parole Board CA 4-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 . .
Cited – Brooke and Others, Regina (on the Application of) v The Parole Board and Another CA 1-Feb-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 . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Crime

Updated: 27 October 2022; Ref: scu.88585

Regina v Aranguren, Regina v Aroyewumi, Regina v Bioshogun, Regina v Littlewood Etc: CA 23 Jun 1994

Sentences for drug importation to be based on 100% pure weight not on street value.

Citations:

Independent 30-Jun-1994, Times 23-Jun-1994, [1994] 16 Cr App R (S) 211

Jurisdiction:

England and Wales

Cited by:

Cited – Attorney General’s Reference Nos 5-8 of 2003 (Davies, Rowan, Abbey, Hassan) CACD 14-Nov-2003
The Attorney-General referred sentences for conspiracy to supply drugs. The offenders were part of a highly professional organisation, in close contact with each other and others in this country and abroad over a period of months, which culminated . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 26 October 2022; Ref: scu.86056

Regina v Debagg and Izzet: CACD 1991

Auld J faced a request from a defendant to have taken into consideration his assistance to the police and said: ‘There is a clear public policy interest in encouraging the speedy proffering of information by those who have it and as part and parcel of their acceptance of their own responsibility for the matters with which they are charged. Where the offer of assistance is made late in the day and proves to be of no value, there must always be some difficulty for the Court in determining how genuine the offer and the remorse are.’

Judges:

Auld J

Citations:

(1991) 12 Cr App R (S) 733

Jurisdiction:

England and Wales

Cited by:

Cited – AXN v The Queen CACD 27-May-2016
The defendant argued that greater note should have been taken on his sentencing to allow for the assistance he had given to the police after his arrest.
Held: The current accepted practice is that the text of the letter from the police to the . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 26 October 2022; Ref: scu.564850

Clarke, Regina v: CACD 15 Jun 1999

Appeal from a sentence of nine months’ imprisonment imposed in respect of an offence of failing to answer bail contrary to section 6 of the Bail Act 1976.

Judges:

Kennedy LJ, VP QBD, newman, Sullivan JJ

Citations:

[1999] EWCA Crim 1645

Links:

Bailii

Statutes:

Bail Act 1976

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 26 October 2022; Ref: scu.536017

Attorney-General’s Reference No 72 of 1999 (MG): CACD 2000

Citations:

[2000] 2 Cr App R (S) 79

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Ali CACD 14-Nov-2003
The defendant appealed conviction and sentence for sexual assaults on young girls. He complained that the prosecution had been allowed to bring in evidence of previous consistent statements.
Held: The evidence of the mother had been admitted . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 25 October 2022; Ref: scu.187967

Regina v McNally: CACD 1 Dec 1999

Anyone using violence against a member of staff at a hospital can only expect a sentence of immediate imprisonment. That did not mean the court could not make full allowance for the degree of violence used and the surrounding circumstances.

Citations:

Times 01-Dec-1999

Jurisdiction:

England and Wales

Criminal Sentencing, Health

Updated: 25 October 2022; Ref: scu.88556

Regina v Berry: CACD 20 Oct 1999

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

Citations:

Times 20-Oct-1999

Statutes:

Drug Trafficking Act 1994

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 25 October 2022; Ref: scu.88383

Regina v Van Bingh Le; Regina v Stark: CACD 15 Oct 1998

A conviction for aiding entry of illegal immigrant will almost invariably lead to immediate imprisonment. Repeated offences, financial gain, involving relatives, and highly organised conspiracy were all aggravating factors.

Citations:

Times 15-Oct-1998

Statutes:

Immigration Act 1971 25(1)(a)

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 25 October 2022; Ref: scu.88219

Regina v W: CACD 16 Mar 1993

The court of appeal had no jurisdiction to hear an application by the Attorney General to review what he considered an unduly lenient sentence on a youth of sixteen convicted of rape. The offence is for the purposes of the Act only triable at the Crown Court, and is not subject to review.

Citations:

Times 16-Mar-1993

Statutes:

Criminal Justice Act 1988 35(3)(a)

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 25 October 2022; Ref: scu.88225

Regina v S: CACD 3 Feb 1999

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

Citations:

Times 03-Feb-1999

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 25 October 2022; Ref: scu.87661

Regina v Rayner; Regina v Wing: CACD 31 Oct 1994

The court will take no note of campaigns for long sentence, if the criminality at issue doesn’t justify it. In causing death by dangerous driving, the main factor is the criminality of offender, not entirely the result.

Citations:

Ind Summary 28-Nov-1994, Times 31-Oct-1994

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 25 October 2022; Ref: scu.87604

Regina v Secretary of State Home Department, ex parte McCartney: CACD 25 May 1994

Under the applicable legislation the trial judge fixed the tariff for discretionary life sentence prisoners, but there were transitional provisions which required the Secretary of State to fix the tariff for discretionary lifers who had been sentenced before the new judicialised regime came into force.
Held: The Home Secretary is not free to take his own view of length of sentence under s34, but certify his own view of the appropriate tariff in schedule 12 certificate for a lifer.

Judges:

Hoffmann LJ

Citations:

Times 25-May-1994, Independent 25-May-1994, Court of Appeal (Civil Division) Transcript No. 667 of 1994

Statutes:

Criminal Justice Act 1991 34 sch12 9(1)

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Secretary of State for the Home Department, ex parte Mccartney Admn 28-Oct-1993
The Home Secretary need not seek judicial or advice before issuing a certificate for length of sentence. . .

Cited by:

Cited – Regina v Secretary of State for the Home Department, Ex Parte Hindley HL 30-Mar-2000
The prisoner, sentenced to life imprisonment with a whole life tariff for the murders of children, now appealed against the imposition of the whole life tarriff.
Held: The appeal failed. It was possible for a Home Secretary to set a whole life . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 25 October 2022; Ref: scu.87988

Regina v Richardson, Regina v Teixeira etc: CACD 4 Apr 1994

Richardson, was described as ‘an important member of the team’ with a ‘highly significant role in the whole enterprise’ of importing drugs to a street value of andpound;50 million, that is, 44 kgs of cocaine on one occasion and 144 kgs on another, plus 2 tons of cannabis.
Held: Levels of sentencing for most serious drugs cases were raised. The court set possible sentences of up to twenty five years for abnormally serious offences of drug trafficking.

Citations:

Ind Summary 04-Apr-1994, Times 18-Mar-1994, [1994] 15 Cr App R (S) 876

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Scamaronie CACD 1992
A senior Peruvian diplomat was involved in importing a large quantity of cocaine with the aid of diplomatic paraphernalia; he was using, amongst other things, a Peruvian diplomatic pouch. He was identified by the judge as a senior figure in the . .

Cited by:

Cited – Attorney General’s Reference Nos 5-8 of 2003 (Davies, Rowan, Abbey, Hassan) CACD 14-Nov-2003
The Attorney-General referred sentences for conspiracy to supply drugs. The offenders were part of a highly professional organisation, in close contact with each other and others in this country and abroad over a period of months, which culminated . .
Cited – Regina v Kayar CACD 2-Mar-1998
A sentence of 20 years’ imprisonment imposed following trial was reduced to one of 16 years in respect of an offender who had organised the importation of a 10.3 kilo consignment of heroin. . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 25 October 2022; Ref: scu.87628

Regina v Morris: CACD 25 Oct 1994

The otherwise unexplained or unexplainable possession of large amounts of cash can be admissible as evidence of drug dealing.

Citations:

Independent 25-Oct-1994, Times 20-Oct-1994, [1995] 2 Cr App R 69

Jurisdiction:

England and Wales

Cited by:

Cited – Payton, Regina v CACD 26-May-2006
The defendant appealed a conviction of possession of 66 grams of cannabis with intent to supply. Also found were a large number of small bags and pounds 7,000 in cash. The defendant said the cannabis was for his personal use, and the equipment had . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Criminal Evidence

Updated: 25 October 2022; Ref: scu.87390

Regina v Oliver: CACD 11 Nov 1998

A passenger on an air flight committed an affray and received a sentence of 18 months. It was held that a custodial sentence was inevitable but in this case 12 months was more appropriate because of minor nature of the actual violence used and threatened.

Citations:

Gazette 11-Nov-1998

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 25 October 2022; Ref: scu.87497

Regina v Mitchell: CACD 4 Sep 1998

Court sentencing for criminal damage by fire (arson) being reckless as to whether life endangered must allow for several factors; nature of premises; whether likely to be occupied; degree of planning; motive; direction at a particular individual etc.

Citations:

Times 04-Sep-1998

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 25 October 2022; Ref: scu.87369

Regina v Harper; Regina v Sabin: CACD 12 Oct 1998

The court was right to look beyond the facts of the instant case, and at the defendant’s background history, when assessing whether it was necessary to impose an additional sentence for the protection of the public from a violent offender.

Citations:

Times 12-Oct-1998

Statutes:

Criminal Justice Act 1991 2(2)(b)

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 25 October 2022; Ref: scu.86813

Regina v Goodwin; Regina v O’B; Regina v H: CACD 28 Dec 1998

The offence of wounding with intent will almost inevitably attract an immediate custodial sentence and even where the act was an over-reaction in self-defence. The offence was also an offence for which a second conviction would attract a life sentence.

Citations:

Times 28-Dec-1998

Statutes:

Offences Against the Person Act 1861 18, Crime (Sentences) Act 1997 2

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 25 October 2022; Ref: scu.86713

Regina v Ellis: CACD 25 Oct 1993

A compensation order can only be made after a scrupulous investigation of means. The court was to ignore future prospects in making a compensation order.

Citations:

Times 26-Oct-1993, Ind Summary 25-Oct-1993

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 25 October 2022; Ref: scu.86633

Regina v Crawford: CACD 26 Apr 1993

The activating of a suspended sentence was not itself a passing of a sentence, and the other offence was not made more serious by the activation.
An activation of a suspended sentence is not itself the act of passing a sentence.

Citations:

Gazette 02-Jun-1993, Ind Summary 26-Apr-1993

Statutes:

Criminal Justice Act 1991 1(2), Powers of Criminal Courts Act 1973 23

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 25 October 2022; Ref: scu.86466

Regina v Lynn: CACD 18 May 1999

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

Citations:

Times 18-May-1999

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 25 October 2022; Ref: scu.85382

Regina v Saunders: CACD 8 Dec 1999

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

Citations:

Times 28-Jan-2000, Gazette 08-Dec-1999

Statutes:

Offences against the Person Act 1861 47

Jurisdiction:

England and Wales

Criminal Sentencing, Discrimination

Updated: 25 October 2022; Ref: scu.85474

Regina v Endicott: CACD 3 Dec 1999

A sentence of life imprisonment imposed upon a youth of 14 for the offence of arson with intent to damage property or recklessness as to whether damage would be cause was wrong in principle and manifestly excessive. There is no sentence in such situations which can properly balance the welfare needs of the child and the needs of the public.

Citations:

Times 03-Dec-1999

Statutes:

Children and Young Persons Act 1933 53(3), Crime (Sentences) Act 1997 28

Jurisdiction:

England and Wales

Criminal Sentencing, Children

Updated: 25 October 2022; Ref: scu.85248

Regina v Evans (Andrew): CACD 16 Nov 1999

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

Citations:

Times 16-Nov-1999

Statutes:

Company Directors Disqualification Act 1986

Jurisdiction:

England and Wales

Criminal Sentencing, Company

Updated: 25 October 2022; Ref: scu.85249

Regina v F, R v S: CACD 29 Oct 1999

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

Citations:

Times 29-Oct-1999

Statutes:

Criminal Justice Act 1991 40

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 25 October 2022; Ref: scu.85253

Regina v Brown; Regina v King; Regina v Mahoney: CACD 5 Mar 1999

Nine years is appropriate starting point for sentencing a former police officer who had attempted to pervert the course of justice and conspired to corrupt serving police officers. Use of knowledge acquired as an officer was relevant but not determinate.

Citations:

Times 05-Mar-1999

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 25 October 2022; Ref: scu.85154

Regina v Gillette: CACD 3 Dec 1999

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

Citations:

Times 03-Dec-1999

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 25 October 2022; Ref: scu.85269

Regina v Clark (J): CACD 27 Jan 1999

When deciding upon the length of a term of imprisonment to be imposed on an offender, the court could make allowance for positive evidence of good character over and above the absence of previous convictions.

Citations:

Times 27-Jan-1999

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 25 October 2022; Ref: scu.85185

Regina v Ellingham: CACD 28 Jan 1999

Where a defendant is convicted of bringing heroin into prison to supply prisoners, the offence is clearly very serious, and a previous lack of convictions can have only a limited mitigatory effect.

Citations:

Times 22-Mar-1999

Statutes:

Misuse of Drugs Act 1981

Jurisdiction:

England and Wales

Criminal Sentencing, Prisons

Updated: 25 October 2022; Ref: scu.85246

Regina v B (Longer Term Sentences): CACD 31 Dec 1998

A court could not, under its powers to extend a sentence, impose a sentence beyond the normal maximum, but where appropriate it could add extensions to individual sentences and if appropriate make them consecutive to achieve the same result.

Citations:

Times 31-Dec-1998, Gazette 03-Feb-1999

Statutes:

Criminal Justice Act 1991 2(2)(b)

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 25 October 2022; Ref: scu.85123

Regina v Bladen: CACD 13 Oct 1999

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

Citations:

Times 13-Oct-1999

Statutes:

Criminal Justice Act 1990 40

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 25 October 2022; Ref: scu.85127

Reyes v The Queen: PC 11 Mar 2002

(Belize) The Criminal Code of Belize provided that any murder by shooting was to be treated as Class A Murder, and be subject to the mandatory death penalty. The applicant having been convicted, appealed saying this was inhuman or degrading treatment, and infringed his human rights under the constitution.
Held: The crime of murder embraced a range of offences of widely varying degrees of criminal culpability. Developments in international law recognising the importance of human rights, and the development of independent legal systems against the background of constitutions guaranteeing fundamental rights. This required legislation to be interpreted. Before independence Belize had been subject to the Convention, and it could not be thought that rights had diminished. The preclusion of any judicial consideration of the degree of culpability was in inhuman treatment, and murder by shooting should be treated as a Class B murder, and the courts given discretion. ‘The court has no licence to read its own predilections and moral values into the constitution’.

Judges:

Lord Bingham of Cornhill Lord Hutton Lord Hobhouse of Woodborough Lord Millett Lord Rodger of Earlsferry

Citations:

Times 21-Mar-2002, [2002] 2 AC 235, [2002] UKPC 11, [2002] 2 WLR 1034, 12 BHRC 219, [2002] 2 Cr App R 16

Links:

PC, Bailii

Statutes:

Constitution of Belize Art 7, Criminal Code of Belize Art 102

Jurisdiction:

Commonwealth

Citing:

Cited – Hinds and other v The Queen; Director of Public Prosecutions v Jackson, attorney General of Jamaica (Intervenor) PC 1-Dec-1975
The Gun Court Act 1974 of Jamaica established special courts at different levels to deal with varieties of crimes involving guns. There was provision for hearings to be held in camera. Certain offences carried mandatory life sentences reviewable . .
Cited – Rajendra Prasad v State of Uttar Pradesh 1979
The court noted the substantial differences in culpability in different murders. . .
Cited – Matadeen and others v M G C Pointu and others (Mauritius) PC 18-Feb-1998
It is a well recognised canon of construction that domestic legislation, including the Constitution, should if possible be construed so as to conform to international instruments to which the state is party. Lord Hoffmann said: ‘of course persons . .
Cited – Yassin v Attorney-General of Guyana (unreported), 30-Aug-1996
(Court of Appeal of Guyana) ‘Add to this the notorious fact that in Guyana for some years as a matter of executive policy the death penalty is only implemented in some, not all, cases of persons convicted of murder, and the ‘sifting out’ of those . .
Cited – Bachan Singh v State of Punjab 1980
(Supreme Court – India) ‘(a) The normal rule is that the offence of murder shall be punished with the sentence of life imprisonment. The Court can depart from that rule and impose the sentence of death only if there are special reasons for doing so. . .
Cited – Regina v Howe etc HL 19-Feb-1986
The defendants appealed against their convictions for murder, saying that their defences of duress had been wrongly disallowed.
Held: Duress is not a defence available on a charge of murder. When a defence of duress is raised, the test is . .
Cited – Attorney-General v Momodou Jobe PC 26-Mar-1984
(Gambia) A constitution, and in particular that part of it which protects and entrenches fundamental rights and freedoms to which all persons in the state are to be entitled, is to be given a generous and purposive construction. In the construction . .
Cited – Minister of Home Affairs v Fisher PC 1979
Respect must be paid to the language which has been used in a constitutional statute and to the traditions and usages which have given meaning to that language. It is quite consistent with this, and with the recognition that rules of interpretation . .
Cited – Ong Ah Chuan v The Public Prosecutor PC 1980
(Singapore) It was asked whether the mandatory death sentence for trafficking in more than 15 grammes of heroin was unconstitutional. The appellant submitted that the mandatory nature of the sentence rendered it arbitrary, since it debarred the . .
Cited – Lincoln Anthony Guerra v Cipriani Baptiste and others (No 2) PC 6-Nov-1995
(Trinidad and Tobago) The execution of a prisoner after a substantial delay of 5 years was a breach of his constitutional rights, constituting cruel and unusual punishment. . .

Cited by:

Cited – Berthill Fox v Regina (No 2) PC 11-Mar-2002
(Saint Christopher and Nevis) The appellant had been convicted of murder, for which the penalty was death. He claimed that the sentence was an infringement of his constitutional and human rights. The constitution declared that it prevailed over all . .
Applied – Regina v Hughes PC 11-Mar-2002
(Saint Lucia) Having been convicted of murder, the defendant was made subject to the mandatory death penalty applied under St Lucia law. He appealed successfully on the basis that the constitution of St Lucia protected him from inhuman or degrading . .
Cited – Pilar Aida Rojas v Brian Berllaque PC 10-Nov-2003
PC (Gibraltar) The system of selecting a criminal jury obliged men to be available for selection, but women could choose not to be on the role of jurors. The result was that jury lists and juries were almost . .
Cited – Balkissoon Roodal v The State PC 20-Nov-2003
(Trinidad and Tobago) The appellant challenged the automatic death sentence imposed upon him for murder.
Held: There were conflicting constitutional provisions. Following Fisher, in the context of issues of capital sentences a wider view was . .
Cited – Watson v Regina PC 7-Jul-2004
(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 . .
Cited – Matthew vThe State PC 7-Jul-2004
(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 . .
Cited – Bally Sheng Balson v The State PC 2-Feb-2005
PC (Dominica) The appellant had been convicted of the murder of his partner and appealed the conviction.
Held: The case did not fall within the case of Anderson, and counsel’s failure was not such as to . .
Cited – Marshall and Others v Deputy Governor of Bermuda and Others PC 24-May-2010
marshall_dgPC10
(Bermuda) The claimants challenged their recruitment by conscription to the Bermuda Regiment on several different grounds. The issues now were whether conscription was lawful only where volunters were insufficient, and whether the acceptance of . .
Cited – The Government of Ghana v Gambrah and Another Admn 16-May-2014
Ghana appealed from refusal of extradition of the respondent to face a charge of murder. The only sentence for murder in Ghana was death, but the government had undertaken not to impose that sentence. The district judge accepted the undertaking, but . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Constitutional, Criminal Sentencing

Updated: 24 October 2022; Ref: scu.167753

Regina v Lichniak: HL 25 Nov 2002

The appellants challenged the mandatory sentence of life imprisonment imposed on them on their convictions for murder. They said it was an infringement of their Human Rights, being arbitrary and disproportionate.
Held: The case followed on where the Anderson case left off. In these cases the judge had noted that he did not think the defendants were a risk to the public, and, if given a discretion, a life sentence might not have been imposed. It was argued that the sentences therefore did not serve a valid penological purpose. The House could only consider whether the sentence was lawful. It was. The sentence reflected the settled will of Parliament.
The complaints were not of sufficient gravity to engage the Convention rights asserted. In a balance between the interests of an individual and society, it was wrong to give too much weight to the interests of someone who had committed murder, where there might be any doubt as to their fitness for release. The V case had not suggested any such incompatibility The tariff imposed properly reflected the view taken by the judge who heard the matter.
The appellant’s complaints were not of sufficient gravity to engage Article 3 of the Convention and secondly, that the life sentence was not arbitrary or otherwise contrary to Article 5-1 of the Convention. Lord Bingham said: ‘If the House had concluded that on imposition of a mandatory life sentence for murder the convicted murderer forfeited his liberty to the state for the rest of his days, to remain in custody until (if ever) the Home Secretary concluded that the public interest would be better served by his release than by his continued detention, I would have little doubt that such a sentence would be found to violate Articles 3 and 5 of the European Convention on Human Rights . . as being arbitrary and disproportionate.’

Judges:

Bingham of Cornhill, Nicholls of Birkenhead, Hobhouse of Woodborough, Scott of Foscote, Rodger of Earlsferry, LL

Citations:

Times 26-Nov-2002, Gazette 06-Feb-2003, [2002] UKHL 47, [2003] 1 AC 903, [2003] HRLR 8, [2003] 1 Cr App R 33, 13 BHRC 437, [2002] 4 All ER 1122, [2003] UKHRR 62, [2002] 3 WLR 1834

Links:

HL, Bailii

Statutes:

Murder (Abolition of Death Penalty) Act 1965 1(1), European Convention on Human Rights 3 5-1

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Secretary of State for the Home Department Ex parte Anderson HL 25-Nov-2002
The appellant had been convicted of double murder. The judge imposed a mandatory life sentence with a minimum recommended term. The Home Secretary had later increased the minimum term under the 1997 Act. The appellant challenged that increase.
Cited – V v The United Kingdom; T v The United Kingdom ECHR 16-Dec-1999
The claimant challenged to the power of the Secretary of State to set a tariff where the sentence was imposed pursuant to section 53(1). The setting of the tariff was found to be a sentencing exercise which failed to comply with Article 6(1) of the . .
Appeal from – Regina v Lichniak; Regina v Pyrah CACD 2-May-2001
The claimants sought by judicial review to challenge their separate sentences to life imprisonment for murder, saying that section 1 of the 1965 Act was incompatible wth their rights under articles 3 and 5 of the Convention. They argued that all . .

Cited by:

Cited – Regina (on the Application of Cawser) v Secretary of State for the Home Department CA 5-Nov-2003
The claimant was serving a prison sentence for serious sexual offences. He would not be released until he had completed a sex offenders programme, but one was not made available, delaying his release.
Held: ‘The Secretary of State is not under . .
Cited – McClean, Re HL 7-Jul-2005
The appellant was serving a life sentence for terrorist offences. He complained that he should have been released under the 1998 Act. It was said he would be a danger to the public if released. On pre-release home leave he was involved in a . .
Cited – Roberts v Parole Board HL 7-Jul-2005
Balancing Rights of Prisoner and Society
The appellant had been convicted of the murder of three police officers in 1966. His tariff of thirty years had now long expired. He complained that material put before the Parole Board reviewing has case had not been disclosed to him.
Held: . .
Cited – A and others v Secretary of State for the Home Department (No 2) HL 8-Dec-2005
Evidence from 3rd Party Torture Inadmissible
The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the . .
Cited – AN, Regina (on the Application of) v Mental Health Review Tribunal (Northern Region) and others CA 21-Dec-2005
The appellant was detained under section 37 of the 1983 Act as a mental patient with a restriction under section 41. He sought his release.
Held: The standard of proof in such applications remained the balance of probabilities, but that . .
Cited – O v Crown Court at Harrow HL 26-Jul-2006
The claimant said that his continued detention after the custody time limits had expired was an infringement of his human rights. He faced continued detention having been refused bail because of his arrest on a grave charge, having a previous . .
Cited – Wellington Regina, (on the Application of) v Secretary of State for the Home Department HL 10-Dec-2008
It was sought to extradite the defendant to face trial for two alleged murders. He now challenged the order for his extradition saying that his treatment in Missouri would amount to inhuman or degrading punishment in that if convicted he would face . .
Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Cited – Vinter And Others v The United Kingdom ECHR 9-Jul-2013
(Grand Chamber) The three appellants had each been convicted of exceptionally serious murders, and been sentenced to mandatory life sentences, but with provision that they could not be eligible for early release, making them whole life terms. They . .
Cited – Sturnham, Regina (on The Application of) v The Parole Board of England and Wales and Another (No 2) SC 3-Jul-2013
From 4 April 2005 until 3 December 2012, English law provided for the imposition of sentences of imprisonment for public protection (‘IPP’). The Court addressed the practical and legal issues resulting from the new system.
Held: The decision . .
Cited – The Government of Ghana v Gambrah and Another Admn 16-May-2014
Ghana appealed from refusal of extradition of the respondent to face a charge of murder. The only sentence for murder in Ghana was death, but the government had undertaken not to impose that sentence. The district judge accepted the undertaking, but . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Sentencing

Leading Case

Updated: 24 October 2022; Ref: scu.178248

Regina v Secretary of State for the Home Department Ex Parte Ellaway: QBD 14 Feb 1996

On repatriation of prisoner to the UK, his remission is to be calculated by reference to balance of term remaining to be served at the time of repatriation, rather than the original sentence imposed.

Citations:

Independent 14-Feb-1996

Statutes:

Repatriation of Prisoners Act 1984

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 21 October 2022; Ref: scu.87847

Regina v Sheffield Youth Justices ex parte M: QBD 29 Jan 1998

Courts which were considering detaining an offender between 12 and 15 years old should be asked to consider the new section 1 even though the section was not yet in force.

Citations:

Times 29-Jan-1998

Statutes:

Criminal Justice and Public Order Act 1994 1, Children and Young Persons Act 1933

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 21 October 2022; Ref: scu.88012

Regina v Dosanjh: CACD 1 May 1998

In cases involving repeated, and continuing abuse of the personal import allowances system, courts should pay less attention to mitigating factors. The standards for prison terms for different values and the court gave giuidance as to when consecutive offences were correct.

Judges:

Rose VP CACD LJ, Butterfield, Richards JJ

Citations:

Gazette 03-Jun-1998, Times 07-May-1998, [1998] EWCA Crim 1450, [1998] 3 All ER 618, [1999] 1Cr App R (S)107, [1998] Crim LR 593, [1999] 1 Cr App R 371

Links:

Bailii

Statutes:

Customs and Excise Management Act 1979 170(1)(b)

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Basra CACD 22-Feb-2002
The defendant appealed his sentence for a substantial money laundering offence. The antecedent offence was that of fraudulent evasion of VAT
Held: The maximum sentence for the antecedent offence was seven years, and for the offence under s93A, . .
Modified – Regina v Czyzewski; Regina v Bryan; Regina v Mitchell; Regina v Diafi; Regina v Ward CACD 16-Jul-2003
The court set down detailed guidelines for sentencing for smuggling, but stated they were not to be treated as a straitjacket.
Held: The principle factors will be the level of duty evaded, the sophistication of methods used, the defendant’s . .
Cited – Regina v Neal, Hood CACD 28-Nov-2003
The defendants appealed sentence for having been involved in the large scale importation of cigarettes evading customs duty.
Held: The judge had paid proper attention to Dosanjh. Having regard also to Czyzewski, the sentences were within the . .
Lists of cited by and citing cases may be incomplete.

Customs and Excise, Criminal Sentencing

Updated: 11 October 2022; Ref: scu.154324

Regina v Green: CACD 17 Oct 1997

The defendant appealed against a sentence of three years detention for aggravated vehicle taking and a substantial number of thefts.
Held: Though the sentence was near the maximum, it was a serious offence, and little discount was available. There was conduct deliberately designed to injure police officers, and committed whilst on bail. The sentence was not excessive.

Judges:

Lord Justice Beldam Mr Justice Henry and Mr Justice Ognall

Citations:

[1997] EWCA Crim 2488

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 11 October 2022; Ref: scu.151943

Regina v Tivnan: CACD 6 May 1998

The Crown Court was able to increase the amount of a confiscation order after making the original order, where further assets were revealed, but not beyond assessed benefit to him of the crime.

Judges:

Rose LJ

Citations:

Gazette 28-May-1998, Times 06-May-1998, [1998] EWCA Crim 1370, [1999] 1 Cr App R(S) 92, [1998] Crim LR 591

Links:

Bailii

Statutes:

Drug Trafficking Offences Act 1986

Jurisdiction:

England and Wales

Cited by:

Cited – Maye, Re (Northern Ireland) HL 6-Feb-2008
The defendant had admitted charges of obtaining property by deception. A confiscation hearing concluded that he had benefitted to a much greater extent than could be recoverd. Before then however both his parents had died, and he stood to inherit . .
Cited – Peacock, Re SC 22-Feb-2012
The defendant had been convicted of drugs offences, and sentenced under the 1994 Act. The gains he had made exceeded his then assets. Later he acquired further property honestly, and the Court now considered whether those assets could be taken to . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Criminal Sentencing

Updated: 11 October 2022; Ref: scu.88690

Regina v Clark: CACD 10 Jun 1998

New sentencing guidelines and standards were given for cases of theft by an employee or in breach of trust. There should be a reduction to account for inflation. 21 months for theft of 17,500 after a not guilty trial is the new benchmark.

Citations:

Gazette 10-Jun-1998

Statutes:

Theft Act 1968 1

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 11 October 2022; Ref: scu.88412

Regina v Lennon: CACD 1 Jul 1998

In cases of sex assault, it was dangerous to apply tariffs. Each case is to be judged on its own facts, and also viewed against the light of the statutory sentencing regime applying at the time of the offences

Citations:

Gazette 01-Jul-1998

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 11 October 2022; Ref: scu.87173

Regina v McFeeley, Anderson, Taberer, Erdman, Neale: CACD 10 Dec 1997

CS The defendants were each prosecuted for conspiracy to rob. The robberies were well planned involving a gang of men, sometimes as many as four armed with sawn off shotguns, stolen vehicles and balaclavas for disguise. Many members of the public were frightened and spoke of the difficulties in putting the experience behind them. Threats to kill were made and firearms were discharged. Some injuries were sustained, mercifully not serious. They now appealed against their sentences, saying that the sentences were too long, and that, having pleaded guilty, the judge should either have sentenced them on the basis pleaded, or given them opportunity to bring appropriate evidence.
Held: The starting point was correct for very serious offences where the only mitigation was the plea. There had been a trial of co-defendants, and the judge was entitled to draw upon the evidence given. The factual basis of a plea accepted by the prosecution must be made clear to judge. In Anderson and Taberer, the factual basis had been agreed in writing and accepted by the judge. ‘[W]e emphasise how important it is for a basis of plea, particularly in these difficult conspiracy cases, to be drafted with great care. Care should be taken by counsel and the court to ensure that all are ad idem. If that can best be achieved by amendment of the indictment, that should happen.’ This was particularly so in cases of conspiracy, because of the variability of such cases.

Judges:

Roch Buckley Hale LJJ

Citations:

Times 10-Dec-1997, [1997] EWCA Crim 2868

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Beswick CACD 10-Oct-1995
A Judge can refuse to accept an unjustified agreement between the prosecution and defence as to the facts which form the basis on which the defendant is to be sentenced. The court gave general guidance on the basis of sentence after a guilty plea. . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 11 October 2022; Ref: scu.86050

Regina v B (Candi) (Young Offender: Sentencing Powers): CACD 24 Jun 1998

There should be a recognition of the need for flexibility in youth sentencing. In the section ‘suitable’ can mean more than just the length of a sentence and allowance made for therapeutic needs.

Citations:

Gazette 24-Jun-1998

Statutes:

Children and Young Persons Act 1933 44 53(3)

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 11 October 2022; Ref: scu.86078

Regina v Edwards; Regina v Brandy: CACD 9 May 1996

The court set the standards for sentencing for burglary of dwellingouses. If the house was unoccupied the sentence should be 3 years; If occupied then 4 years was the appropriate starting point.

Citations:

Times 01-Jul-1996, Gazette 12-Jun-1996, [1996] EWCA Crim 370

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Stamford Magistrates ex parte Director of Public Prosecutions Admn 31-Jul-1997
A challenge was made as to whether the magistrates had jurisdiction in an allegation of burglary, or whether the case should have been committed to the Crown Court. . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 08 October 2022; Ref: scu.88443