Monington, Regina v: CACD 5 Sep 2018

Appeal from sentence of two years imprisonment and 5 year disqualification from driving on conviction on his admission to causing death by careless driving.
Held: The appeal failed.
‘we should re-emphasise the role of the courts when sentencing in cases of this kind. No prison sentence that the Crown Court is able to impose, whatever its length, can sufficiently reflect the loss of someone’s life. Instead, the role given to the court involves assessing the offender’s culpability in committing the offence and the harm he has caused, applying the Definitive Guideline, and subject to the maximum penalty which Parliament allows to be imposed. Sentencing for offences of this kind is highly sensitive to the circumstances of each individual case.’

Judges:

McCombeLJ, Holgate, O’Farrell DBE JJ

Citations:

[2018] EWCA Crim 2016

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 23 May 2022; Ref: scu.622341

Regina v Twisse: CACD 7 Nov 2000

There was no need for the Court of Appeal to notify the Sentencing Advisory Panel under the Act unless it intended to give sentencing guidelines across a wide field. A proper sentence for a defendant shown to be a dealer in class A drugs at street level, selling to other addicts in order to buy drugs for himself and to found a modest living, and without previous convictions, would be six years imprisonment. The sentence might be increased for sales to the vulnerable and young, but an early plea and personal circumstances might reduce it. Since other offences could be prosecuted for wider scale activity, and in the absence of admissions, the court must sentence on the basis of the indictment as drawn.
Where an offender charged with a single count claims this had been an isolated transaction, this may be rejected if the evidence establishes that this was not the case. The offender should be given the appropriate sentence for a single offence but without the credit he would receive if it were an isolated incident.

Judges:

Sir Paul Kennedy VP QBD, Kennedy LJ, Alliott J

Citations:

Times 30-Nov-2000, [2001] Crim LR 151, [2001] Cr App Rep (S) 37, [2001] Cr App Rep (S) 9, [2001] Cr App R (S) 37, [2000] EWCA Crim 98

Links:

Bailii

Cited by:

ApprovedRegina v Alfonso; Regina v Sajid; Regina v Andrews CACD 9-Sep-2004
The defendants appealed sentences for supplying drugs. They were first time defendants, addicts caught selling drugs to police officers, and with no established stocks of drugs for sale.
Held: A short prison sentence was appropriate. A drug . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 19 May 2022; Ref: scu.88694

Regina v Montgomery: CACD 19 Jul 1994

A witness had refused to give evidence, and found to have committed contempt.
Held: Guidelines were given on sentencing for offences of interfering with the course of justice, criminal contempt, refusal to give evidence and so forth.
The court set out the matters likely to influence the level of punishment appropriate in cases of contempt of court:
(a) the effect or potential consequences of the breach upon the trial or trials and upon those participating in them;
(b) the scale of the breach, with particular reference to the numbers of people to whom the report was made, over what period and the medium or media through which it was made;
(c) the gravity of the offences being tried in the trial or trials to which the reporting restrictions applied;
(d) the contemnor’s level of culpability and his or her reasons for acting in breach of the reporting restrictions;
(e) whether or not the contempt was aggravated by subsequent defiance or lack of remorse;
(f) the scale of sentences in similar cases, albeit each case must turn on its own facts;
(g) the antecedents, personal circumstances and characteristics of the contemnor;
(h) whether or not a special deterrent was needed in the particular circumstances of the case.

Citations:

Ind Summary 25-Jul-1994, Times 19-Jul-1994, [1995] 2 Cr App R 23

Jurisdiction:

England and Wales

Cited by:

CitedRe Yaxley-Lennon (Aka Tommy Robinson) CACD 1-Aug-2018
Need for clarity in Contempt Allegation
The defendant appealed from his convictions for contempt of court, being said to have broadcast details of criminal prosecutions despite orders to the contrary. He argued that any failure of procedure was fatal to the prosecutions.
Held: As to . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 19 May 2022; Ref: scu.87378

Thomas Reckley v Minister of Public Safety and Immigration and Others (Bahamas) (No 2): PC 6 Feb 1996

(The Bahamas) The actual exercise of the prerogative of mercy by a state falls outside the scope of the law. No further stay of execution granted.

Citations:

Times 06-Feb-1996, [1996] UKPC 1, [1996] 1 All ER 562

Links:

Bailii, PC, PC

Constitutional, Criminal Sentencing, Commonwealth

Updated: 19 May 2022; Ref: scu.85921

Regina (Pearson Martinez and Hirst) v Secretary of State for the Home Department and Others; Hirst v Attorney-General: QBD 17 Apr 2001

A law which removed a prisoner’s right to vote whilst in prison was not incompatible with his human rights. The implied right to vote under article 3 was not absolute, and states had a wide margin of appreciation as to how and to what extent the right should be limited, provided that the conditions should not curtail the rights to such an extent as to remove their effectiveness, and should only be imposed in pursuit of a legitimate aim, and should not be disproportionate.

Judges:

Lord Justice Kennedy

Citations:

Times 17-Apr-2001, Gazette 07-Jun-2001, [2001] EWHC Admin 239

Links:

Bailii

Statutes:

Representation of the People Act 1983 3 (1), European Convention on Human Rights 3

Cited by:

Appeal fromHirst v The United Kingdom (No. 2) ECHR 30-Mar-2004
(Commission) The prisoner alleged that the denial of his right to vote whilst in prison was disproportionate. He was serving a life sentence for manslaughter.
Held: The denial of a right to vote was in infringement of his rights and . .
Appeal fromHirst v United Kingdom (2) ECHR 6-Oct-2005
(Grand Chamber) The applicant said that whilst a prisoner he had been banned from voting. The UK operated with minimal exceptions, a blanket ban on prisoners voting.
Held: Voting is a right not a privilege. It was a right central in a . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Human Rights, Elections, Prisons, Elections, Human Rights

Updated: 19 May 2022; Ref: scu.85999

Practice Statement (Juveniles: Murder Tariffs): CACD 27 Jul 2000

Legislation is to be enacted to set the tariff for life sentences for youths to be sentenced to life for murder. Until enacted the Lord Chief Justice gave recommendations for both existing and new cases, and the Home Secretary will follow them. Before making a recommendation the Lord Chief Justice will seek representations from the lawyers acting for the detainee, and from the Director of Public Prosecutions who should include representations made on behalf of the family of the deceased. ‘Before I make a recommendation to the Home Secretary, in both new and existing cases, I shall invite written representations from the detainees’ legal advisers and also from the Director of Public Prosecutions who may include representations on behalf of victim’s families and ‘Before the first such cases are put before me to make a recommendation to the Home Secretary, it is appropriate for the general principles which will guide me in recommending tariffs to be made public. This is because it is right that the process by which tariffs are set should be open to public scrutiny. When making recommendations to the Home Secretary in such cases I will announce my reasons in open court after taking into account any written representations I receive.’

Judges:

Lord Chief Justice

Citations:

Times 09-Aug-2000, [2000] 1 WLR 1655

Jurisdiction:

England and Wales

Cited by:

ReplacedPractice Statement (Crime: Life sentences) LCJ 31-May-2002
The statement followed the report of the Sentencing Advisory Panel of March 15, 2002. The statement contained guidance, not firm rules. The phrase ‘minimum term’ should replace the term ‘tariff’. Offenders are normally not released on the expiry of . .
CitedRegina (on the Application of Dudson) v Secretary of State for the Home Department and the Lord Chief Justice Admn 21-Nov-2003
The applicant had been sentenced to detention during Her Majesty’s Pleasure. He sought a judicial review of the Lord Chief Justice’s recommendation to the Home Secretary for the minimum term he was to serve.
Held: In exercising this function, . .
CitedDudson, Regina (on the Application of) v Secretary of State for the Home Department HL 28-Jul-2005
The defendant had committed a murder when aged 16, and after conviction sentenced to be detailed during Her Majesty’s Pleasure. His tarriff had been set at 18 years, reduced to 16 years after review.
Held: ‘What is at issue is the general . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 19 May 2022; Ref: scu.85002

Director of Public Prosecutions v Humphries: QBD 3 Dec 1999

Following a conviction for driving with excess alcohol, the defendant argued that the short (nil) distance driven constituted a special reason for not disqualifying him. The court said that the magistrates were entitled to take into account the defendant’s intention, over and above what had actually been achieved by him in driving away.

Citations:

Times 03-Dec-1999

Statutes:

Road Traffic Act 1988 5(1)(a), Road Traffic Offenders Act 1988 Sch 2

Citing:

InterpretedChatters v Burke QBD 1986
A car had rolled over and stopped in a field next to the highway and was then driven with a flat tyre a few yards from the field through a gate, onto the road and parked there.
Held: In determining whether special reasons existed to justify . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Criminal Sentencing

Updated: 19 May 2022; Ref: scu.80010

Curley v United Kingdom: ECHR 28 Mar 2000

A prisoner was sentenced to be detained during her majesty’s pleasure, but given a tariff which expired in 1987. Reviews of his continued detention did not lead to his release. He complained that the system of reviews by a Parole Board whose recommendations for release were subject to approval by the Home Secretary did not allow his detention to be reviewed by a court with the power to order his release. This was a breach of his rights, as also was the absence of any system for compensating him.
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-4; Violation of Art. 5-5; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings

Citations:

Times 05-Apr-2000, 32340/96, [2000] ECHR 122, [2000] ECHR 122, (2001) 31 EHRR 14, [2000] Prison LR 65, (2000) 31 EHRR 401

Links:

Worldii, Bailii

Statutes:

European Convention on Human Rights article 5.4

Cited by:

JudgmentCurley v The United Kingdom ECHR 10-Mar-2011
(Execution of judgment) – Examination closed on satisfaction . .
CitedOsborn v The Parole Board SC 9-Oct-2013
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 . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Sentencing

Updated: 19 May 2022; Ref: scu.79714

Criminal Proceedings Against Calfa: ECJ 21 Jan 1999

A provision by a member state that a national from another member state could be expelled for life on conviction for certain drug offences and without consideration of his personal circumstances or the threat posed was contrary to Community law.

Citations:

Times 21-Jan-1999, C-348/96, [1999] EUECJ C-348/96

Links:

Bailii

Statutes:

ECTreaty 177

Jurisdiction:

England and Wales

Criminal Sentencing, European

Updated: 19 May 2022; Ref: scu.79657

Leeworthy v Regina: CACD 2010

The offender pleaded guilty at the first opportunity to supplying heroin and cocaine. He took undercover police officers to an address. Supplied with money, the offender went inside and emerged with the drugs which he then handed over. He had a bad criminal record, including ten convictions for simple possession of drugs. He was treated, as were these offenders, as a facilitator. He was in breach of bail and in breach of a suspended sentence for which he received a consecutive sentence. His sentence was reduced in respect of that single offence to three years’ imprisonment from four years.

Citations:

[2010] EWCA Crim 464

Cited by:

CitedAttorney General’s Reference Nos 61, 62 and 63 of 2011 CACD 27-Oct-2011
The AG appealed against sentences imposed on the several defendants for supplying Class A controlled drugs. The sentencer had applied recently proposed guidelines, sentencing them as having low grade involvement in the supply of high quality drugs. . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 18 May 2022; Ref: scu.449750

Foxley’s Case: 1572

If a man steals goods and brings them into a manor and there leaves them, in a home or in the custody of any one, or hides then, and afterwards flies, these goods are not waif.
Waif is where the felon in pursuit waives the goods, or from fear of being apprehended flies and waives the goods.
If the thief in his flight waives goods they were forfeited, if the felon on fresh suit is not attainted at the suit of the owner.
*If a man flies for felony his proper goods are not forfeited till it be found by indictment before the coroner; in case of death, or otherwide lawfully found of record, on acquittal that he fled for the felony.
* Things forfeited by matter of record, as bona fugitivorum, cannot be claimed by prescription *
* But waif, estray, treasure, trove, wreck, andc. which may be gained by usage without record may be prescribed for.*
* If man be tried for felony and acquitted and, the jury find he did not fly, yet his goods are forfeited by force of the the finding the flying before the coroner on the indictment found super visum corporis, if it be in the case of the death of a man *
* If a felon flies and is killed in pursuit, all his goods and chattels are forfeited, upon this matter being presented before the coroner, andc. *
*If a man kills a thief who would rob him, if the thief does not retreat he shall lose nothing *
* the 18th Eliz. makes the party as capable to purchase goods as if he had made his purgation or obtained his pardon *
* The common law notwithstanding purgation, the party forfeited his goods which he had before purgation or obtained his pardon. *
* Pardon of the burning of the hand discharges the punishment and pardon before conviction prevents the forfeiture. *

Citations:

[1572] EngR 149, (1572-1616) 5 Co Rep 109, (1572) 77 ER 224

Links:

Commonlii

Criminal Sentencing

Updated: 18 May 2022; Ref: scu.432115

Halseys Case Touching Recusancy: 1605

The case in the Exchequer-chamber touching the payment of the Kiiigs Majesties debt due for the recusancy of John Halsey, its recusant convict deceased with the lands and goods bought in the name of John Grove, and Richard Cox defendant in this court, that ,John Halsey was indicted and convicted for recusancy the i8 day of July, anno 23 Eliz. and so remained convicted without submission till his death, who died the last day of March, 3 Jac. and after his conviction, viz. after the 40 year of the reign of the late Queen Elizabet did purchase with his own money divers leases for years, yet to come of lands in the countie of Worcester, and Warwick, in the name of Richard Cocks for himself in trust, and likewise did with his own money purchase certain leases for years, yet to come of lands in the county of Hereford, in the name of the said John Grove, all which purchases were in trust for the recusant, and to his use; Margaret Field is his next heir, who is no recysant, John Halsey hath not paid 201. a moneth since his conviction, nor any part thereof, these lands and leases were seised irito the Kings hands, for the satisfaction of the forfeitures due for the recusancy of the said Halsey, 14 August, 5 Jac.

Citations:

[1605] EngR 25, (1605-1611) Lane 104, (1605) 145 ER 335

Links:

Commonlii

Criminal Sentencing

Updated: 18 May 2022; Ref: scu.424348

Regina v Akan: 1972

A recommendation for deportation was not a disqualification or disability within the meaning of section 12(2) of the 1948 Act.

Citations:

[1973] QB 491, [1972] 3 All ER 285

Statutes:

Criminal Justice Act 1948 12(2)

Jurisdiction:

England and Wales

Cited by:

CitedClarke v Regina CACD 12-Jun-2009
The defendant had pleaded guilty to concealing criminal property. He was conditionally discharged but also made subject to a confiscation order. He appealed saying that one could not be made if only a conditional discharge was imposed.
Held: . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 18 May 2022; Ref: scu.375147

Regina v Bryan: CACD 2006

Citations:

[2006] 2 CAR (S) 66

Jurisdiction:

England and Wales

Cited by:

CitedWood, Regina v (No 2) CACD 2-Apr-2009
The defendant appealed against his sentence to life imprisonment after conviction for manslaughter on the grounds of diminished responsibility.
Held: The court faced two questions. Did the case require a sentence of life imprisonment, and also . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 18 May 2022; Ref: scu.331091

Regina v Hockey: CACD 2007

The court may restrain confiscation proceedings as an abuse of process in circumstances where the Crown had acted contrary to an understanding that, if repayment was made, it would not seek a confiscation order.

Citations:

[2007] EWCA Crim 1577

Statutes:

Proceeds of Crime Act 2002

Jurisdiction:

England and Wales

Cited by:

CitedBerr, Regina (on the Prosecution of) v Lowe CACD 17-Feb-2009
The defendant appealed against a confiscation order, alleging abuse of process by the prosecution. He had transferred land from the company just before it went into liquidation, and admitted the offence under the 1986 Act. He complained that the . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 18 May 2022; Ref: scu.291875

Allen v West Yorkshire Probation Service: QBD 20 Feb 2001

Where a defendant felt that a sentence imposed by magistrates was wrong, he should take the issue to the Crown Court by way of appeal. It was wrong to try to deal with it by way of judicial review or appeal by way of case stated. As much as anything else the greater delay would lead to additional difficulties in carrying out any sentence.

Citations:

Times 20-Feb-2001

Judicial Review, Criminal Sentencing

Updated: 17 May 2022; Ref: scu.77746

Regina v Browning: CACD 2002

The defendant, a lorry driver veered from the road whilst sending a text message. He killed a man in a lay-by.
Held: The sentence of 5 years was upheld. Mance LJ said: ‘The use of a mobile phone to read and compose text messages while driving is a highly perilous activity. Even the use of a hand-held mobile phone by a driver whilst moving, a much too common feature of driving today, is self-evidently risky. But the risks of reading and composing, text messages appears to us of a wholly different order and to be to use the judges words, of the most ‘blatant nature’. Browning had pleaded guilty but there had to be a Newton hearing. Browning’s evidence was not accepted so he was not entitled to full credit for his plea.

Judges:

Mance LJ

Citations:

[2002] 1 CAR (S) 377

Jurisdiction:

England and Wales

Road Traffic, Criminal Sentencing

Updated: 17 May 2022; Ref: scu.251432

Regina v Pettipher: CACD 1989

Citations:

[1989] 11 CAR (S) 321

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Shepherd; Regina v Wernet; Attorney General’s References Nos. 14 and 24 of 1993 CACD 26-Jan-1994
New sentencing guidelines were handed down for the offence of causing death by dangerous driving whilst driving with excess alcohol. The definition and sentence for the offence had been changed. Lord Taylor CJ: ‘Drivers who drive after taking . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Road Traffic

Updated: 17 May 2022; Ref: scu.251433

Regina v Brown; Regina v Carty: CACD 14 May 2007

The defendants were convicted of a murder. Brown was sentenced as a youth, and Brown as a young offender. The murder was committed as part of a robbery. The judge held them equally responsible.
Held: When sentencing defendants under different age restrictions, the court should allow no more disparity than properly reflected the age difference.

Judges:

Lord Phillips of Worth Matravers LCJ, Henriques J, Teare J

Citations:

Times 05-Jun-2007

Statutes:

Criminal Justice Act 2003 Sch21

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 17 May 2022; Ref: scu.253202

Regina v Martin (S): CACD 5 Apr 2006

The defendant appealed a nine year sentence for importation of cocaine.
Held: The notional standard was twelve years. The defendant said she should have recieved a discount of one third for her guilty plea and other mitigation. The courts could not treat sentencing as a mathematical exercise. ‘there [is] no gridplan or points system. Although consistency of approach was undoubtedly to be encouraged, guidelines, whether provided by the Court of Appeal or the Sentencing Guidelines Council, in accordance with its responsibility remained guidelines.’ Eight years was substituted.

Judges:

Sir igor Judge President, Mackay J, Gross J

Citations:

Times 06-Jun-2006, [2006] EWCA 1035

Jurisdiction:

England and Wales

Cited by:

CitedWhittle, Regina v CACD 9-Mar-2007
The defendant appealed his sentence of five years for supplying heroin.
Held: The court had been correct not to apply the additional discounts to the Dharja guidelines. The main appeal failed, though the offence had not been one attracting the . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 17 May 2022; Ref: scu.242433

Rex v Fenley: 1920

Where a defedant obtains leave to appeal against his sentence by a deception, then on his sentence by the Appeal Court, that sentence will not be backdated.

Citations:

(1920) 15 Cr App R 118

Jurisdiction:

England and Wales

Cited by:

CitedKumar Ali v The State (Appeal 56 of 2004) and Leslie Tiwari v The State PC 2-Nov-2005
PC (Trinidad and Tobago) The Board was asked to determine the date from which an unsuccessful appellant’s sentence should run. Pending an appeal or whilst on remand, a prisoner would be held in less demanding . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 17 May 2022; Ref: scu.237275

Rex v Westlake: 1920

Where leave to appeal against sentence is obtained by misstatement or misdescription, the sentence imposed will not be backdated as is the normal practice.

Citations:

(1920) 15 Cr App R 100

Jurisdiction:

England and Wales

Cited by:

CitedKumar Ali v The State (Appeal 56 of 2004) and Leslie Tiwari v The State PC 2-Nov-2005
PC (Trinidad and Tobago) The Board was asked to determine the date from which an unsuccessful appellant’s sentence should run. Pending an appeal or whilst on remand, a prisoner would be held in less demanding . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 17 May 2022; Ref: scu.237274

Practice Note (Crime: Applications for leave to appeal): 1970

Directions were given for loss of time orders.

Citations:

[1970] 1 WLR 663

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Kuimba CACD 12-Apr-2005
In dismissing the defendant’s appeal, the court expressed the view that the Appeal court should be more ready to use the powers given to deter hopeless appeals by ordering that while such applications were being processed, time spent in custody . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 17 May 2022; Ref: scu.224916

Regina v Satvir Singh: 1988

Year?

Citations:

[1988] 10 Cr App R (S) 402

Jurisdiction:

England and Wales

Cited by:

CitedAttorney 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: 16 May 2022; Ref: scu.187945

Regina v Folkestone and Hythe Justices, ex parte R: CACD 1983

The court was prepared to consider sentences on the basis that the magistrates had misrecorded the basis of the defendant’s committal to the Crown Court.

Judges:

Lane CJ

Citations:

(1983) 74 Cr App Rep 58

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Whitehead CACD 8-May-2003
The defendant appealed several sentences totalling 30 months, noted as being made under the 2000 Act. Some offences had been committed for sentence under section four, and some under section 6.
Held: Section four allowed committal for sentence . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 16 May 2022; Ref: scu.181961

Gueye (Police And Judicial Cooperation In Criminal Matters): ECJ 12 May 2011

ECJ Framework Decision 2001/220/JHA – Status of victims in criminal proceedings – Protection of victims – Determination of the sentence – Obligation to issue an accessory penalty of expulsion prohibiting convicted of approaching his victim – Taken into account the wishes of the victim – Mediation in the context of criminal proceedings.

Citations:

C-483/09, [2011] EUECJ C-483/09, [2011] EUECJ C-483/09

Links:

Bailii, Bailii

Jurisdiction:

European

Cited by:

CitedPatel v Secretary of State for The Home Department SC 16-Dec-2019
Zambrano states that a non-member state national (‘TCN’) parent of an EU citizen child resident within the EU is entitled to
reside in the EU. This is solely to avoid the EU citizen child being deprived of the substance of their Union . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 16 May 2022; Ref: scu.439756

Regina v Haimes, Attorney General’s Reference (No 79 of 2009): CACD 4 Feb 2010

The A-G sought leave to appeal against what she saw as an unduly lenient sentence. The defendant had been given six years for rape, unlawful wounding and causing criminal damage to property.
Held: Leave was refused. Although his plea to the rape charge had followed the original indication for the others by 11 days, the court had treated it as having been made at the earliest opportunity, and the sentences reflected that. The Crown should have objected at the time if it had wanted to.

Judges:

Lord Justice Hughes, Mr Justice Mackay and Mr Justice Lloyd Jones

Links:

Times

Statutes:

Criminal Justice Act 1988 36

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 15 May 2022; Ref: scu.407495

Byrne v Low: 1972

The court was asked as to the amount of the monetary penalty for a contravention of the prohibition on the importation of indecent goods. The 1952 Act provided for calculation by reference to the price which the goods might reasonably be expected to have fetched if they had been sold in the open market. The court accepted the evidence of an invoice that showed the price that the actual seller required from the actual buyer for the goods as landed, there being no open market in this country in the sense of a market free and above board, not conducted in an underground fashion, in which the goods of that kind could be sold. Lord Widgery CJ said: ‘It is contended before us today, and I think clearly the contention is correct, that in deciding what is the open market value of goods of this kind, one is not restricted by the distinction between the so-called black market and white market. What is being sought is the price which a willing seller would accept from a willing buyer for these goods as landed at the port or airport at which they were originally landed. If we can ascertain what is the price which would be paid by a willing buyer to a willing seller at the port of landing, then that is the open market value of the goods for present purposes, and the penalty accordingly can be up to a maximum of three times that value.’

Judges:

Lord Widgery CJ

Citations:

[1972] 1 WLR 1282

Statutes:

Customs and Excise Act 1952 305(2)

Jurisdiction:

England and Wales

Cited by:

CitedIslam, Regina v HL 10-Jun-2009
The defendant appealed against a confiscation order saying that it should not have been set at values which reflected the black market value of the drugs he had imported.
Held: The appeal failed. The court could take account of the illegal . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 15 May 2022; Ref: scu.374252

Regina v Reynolds: CACD 1 Nov 2000

When a court wanted to consider making a restriction order under the Act, it could not do so without some medical evidence which could be used to justify such a restriction. Here it was accepted that the defendant did suffer from a mental disorder induced or exacerbated by the overuse of cannabis, and in appropriate circumstances the court could act upon verbal evidence given to it. It could still not act to impose a hospital order under the section without any such evidence or opinion in favour of restriction.

Citations:

Times 01-Nov-2000

Statutes:

Mental Health Act 1983 41(1)

Health, Criminal Sentencing

Updated: 15 May 2022; Ref: scu.85456

Regina v Stenhouse: CACD 11 Apr 2000

A defendant was convicted of a repeat offence of dealing in Class A drugs. The minimum term to be applied was seven years. However, in this case the defendant’s previous conviction had been dealt with by way of a probation order, and that alone was a sufficient ‘particular circumstance’ which would operate to allow a judge to assess whether the minimum sentence would be an injustice. In this case it would be an injustice, and sentences of three years were substituted.

Citations:

Times 11-Apr-2000

Statutes:

Crime (Sentences) Act 1997, Crime and Disorder Act 1998

Criminal Sentencing

Updated: 15 May 2022; Ref: scu.85570

Regina v Beaney: CACD 2004

Citations:

[2004] 2 Cr App R(S) 82, [2004] EWCA Crim 449

Jurisdiction:

England and Wales

Cited by:

CitedTerrell, Regina v CACD 21-Dec-2007
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 . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 14 May 2022; Ref: scu.263216

Regina v King: CACD 1985

The court considered the effect on sentencing of the co-operation of the defendant in providing useful information to the police.

Citations:

(1985) 7 Crim App R (S) 227, [1986] 82 CAR 120

Cited by:

CitedP, Regina v; Regina v Blackburn CACD 22-Oct-2007
Whilst awaiting trial, P had offered evidence against others on other serious crimes. On conviction, the judge was supplied with a statement explaining his assistance. He now appealed sentence of 17 years imprisonment for assorted serious drugs . .
CitedAXN 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: 14 May 2022; Ref: scu.253702

Attorney General’s Reference (Nos 91, 119 and 120 of 2002): CACD 7 Feb 2002

Citations:

Times 07-Feb-2002, [2003] 2 Cr App R 151

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Webb, Attorney General’s Reference (No 52 of 2003) CACD 9-Dec-2003
The reference was for an unduly lenient sentence for offences of gross indecency with a child and attempted rape.
Held: Even experienced judges could be unaware of guideline cases. In this case Millberry and the Reference 91 etc of 2002 would . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 12 May 2022; Ref: scu.189893

Regina v Walters: CACD 2003

Citations:

[2003] EWCA Crim 1693

Jurisdiction:

England and Wales

Cited by:

CitedAttorney-General’s Reference (No 64 of 2003) CACD 20-Nov-2003
The attorney general sought re-assessment of the defendant’s sentence of a Drug treatment and testing order.
Held: When considering a Drug Treatment and Testing Order, the court should consider: the realistic possibility that such orders may . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 12 May 2022; Ref: scu.189932

Attorney-General’s Reference (No 64 of 2003): CACD 20 Nov 2003

The attorney general sought re-assessment of the defendant’s sentence of a Drug treatment and testing order.
Held: When considering a Drug Treatment and Testing Order, the court should consider: the realistic possibility that such orders may reduce drug addiction, that it was not appropriate where the defendant had committed many offenders whilst under the influence of drugs, he had to be determined to be free of drugs, they were more successful with younger offenders, they are rarely appropriate in case of serious violence, they are appropriate for offences undertaken to pay for drugs, they might still be appropriate where a large number of offences were involved, the court should look at the effect on the victim, and behaviour after the apprehension could be indicative. In this case a sentence of four years was substituted.

Judges:

Rose LJ, Tugendhat J

Citations:

Times 01-Dec-2003, [2004] 2 Cr App R (S) 106

Jurisdiction:

England and Wales

Citing:

CitedWatson, Regina (on the Application Of) v Director of Public Prosecutions Admn 7-Jul-2003
. .
CitedRegina v Belli CACD 20-Oct-2003
The defendant, a drug addict, had been arrested and released on bail for a series of offences. He appealed against a sentence of two years and nine months. The court rejected a suggestion that he might be made the subject of a Drug Treatment and . .
CitedRegina v Walters CACD 2003
. .

Cited by:

CitedRegina v Alfonso; Regina v Sajid; Regina v Andrews CACD 9-Sep-2004
The defendants appealed sentences for supplying drugs. They were first time defendants, addicts caught selling drugs to police officers, and with no established stocks of drugs for sale.
Held: A short prison sentence was appropriate. A drug . .
CitedRegina v Page; Regina v Maher; Regina v Stewart CACD 8-Dec-2004
Each defendant appealed convictions for shoplifting (theft).
Held: The court gave guidelines for sentencing of adult individual shoplifters. Shoplifting is a classic offence where custody should be a sentence of last resort. Older cases must . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 12 May 2022; Ref: scu.189931

Attorney-General’s Reference No 3 of 1996: CACD 1997

Citations:

1-Jan-1997 Unreported

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Errol Garvey CACD 30-Jan-2002
The appellant appealed a conviction for manslaughter and his sentence. There was a history of conflict between the appellant and the victim, and both had met up carrying knives. Witnesses said the appellant was the attacker. He claimed the judge had . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 12 May 2022; Ref: scu.180666

Regina v October: CACD 27 Feb 2003

The court had adjourned its proceedings in the absence of the defendant, so as not to fall foul of the requirement that a confiscation inquiry must take place within six months of conviction. The defendant appealed.
Held: The court could exercise its common law power to adjourn. The statutory power could only be exercised where the defendant appeared at court. The common law exercise of the power was valid, and in accord with Sekhon.

Judges:

Scott Baker LJ, Pitchford J, Sir Edwin Jowitt

Citations:

Times 11-Mar-2003, Gazette 24-Apr-2003

Statutes:

Drug Trafficking Act 1994 2(1)

Jurisdiction:

England and Wales

Citing:

CitedSekhon, etc v Regina CACD 16-Dec-2002
The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements.
Held: The courts must remember the importance of such procedures in the fight against crime, . .

Cited by:

CitedRegina v Soneji; Regina v Bullen CACD 20-Jun-2003
If the court could only postpone confiscation proceedings in exceptional circumstances, it behoved the court before allowing such an adjournment to enquire into the justification, and to record the circumstances which made it exceptional. The . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 12 May 2022; Ref: scu.180116

Regina v Rawlinson: CACD 27 Oct 1999

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

Citations:

Times 27-Oct-1999

Statutes:

Sex Offenders Act 1997

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 11 May 2022; Ref: scu.87602

Mansell v United Kingdom: ECHR 2 Jul 1997

The judge imposed a longer than commensurate sentence in an indecent assault case to protect the public. The applicant complained that he should have been entitled to a review of the lawfulness of his detention as he was in the same position as a discretionary life prisoner because his sentence contained a preventative part as well as a punitive part.
Held: the application was manifestly unfounded. The A5(4) supervision is normally incorporated in the decision where a sentence of imprisonment is pronounced after conviction by a competent court. There was no question of the sentence being imposed because of the presence of factors which ‘were susceptible to change with the passage of time, namely mental instability and dangerousness’. ‘Such an ‘increased’ sentence is, however, no more than the usual exercise by the sentencing court of its ordinary sentencing powers, even if the ‘increase’ has a statutory basis. In particular, nothing in the sentencing procedure indicates that the fixed term sentence of five years imprisonment was anything other than a sentence which was imposed as punishment for the offences committed.’

Citations:

Unreported, 2 July 1997, 32072/96

Jurisdiction:

Human Rights

Cited by:

CitedGiles, Regina (on the Application of) v Parole Board and Another HL 31-Jul-2003
The defendant had been sentenced for offences of violence, but an additional period was imposed to protect the public. He had been refused leave for reconsideration of that part of his sentence after he completed the normal segment of his sentence. . .
CitedBlack, Regina (on the Application of) v Secretary of State for Justice HL 21-Jan-2009
The appellant complained that the system for considering the release of a life prisoner did not comply with the Convention when the decision was made by the Secretary of State and not by the Parole Board, or the court. The Board had recommended his . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Sentencing

Updated: 08 May 2022; Ref: scu.185426

Regina v K (Herbert): CACD 2005

The court considered the making of loss of time orders.

Citations:

[2005] EWCA Crim 955

Jurisdiction:

England and Wales

Cited by:

CitedKumar Ali v The State (Appeal 56 of 2004) and Leslie Tiwari v The State PC 2-Nov-2005
PC (Trinidad and Tobago) The Board was asked to determine the date from which an unsuccessful appellant’s sentence should run. Pending an appeal or whilst on remand, a prisoner would be held in less demanding . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 07 May 2022; Ref: scu.237277

Regina v B and Q plc: CACD 27 Sep 2005

The defendant company had been fined substantial amounts under health and safety laws the breach of which had led to a fatality. They asked for more time to pay.
Held: A substantial company should be expected to have to pay its fines in a time span measured in single days.

Citations:

Times 03-Nov-2005

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 07 May 2022; Ref: scu.235764

Regina v Colhoun: CANI 1988

The Court affirmed a sentence of 10 years imprisonment for the armed robbery of andpound;50 from a small shop: ‘Since the judgment of this court in R -v- O’Neill there has been no diminution in the number of armed robberies. They are very serious crimes which put innocent members of the public in fear and this court desires to emphasize again that armed robbery is an offence which must be met by severe sentences which contain an element of deterrence.’

Judges:

Hutton LCJ

Citations:

[1988] 12 NIJB 16

Jurisdiction:

Northern Ireland

Citing:

CitedRegina v O’Neill CANI 1984
The court gave sentencing guidelines for offences of robbery. Gibson LJ said: ‘In circumstances such as obtain nowadays in Northern Ireland where firearms are frequently used to rob banks and post offices this Court would re-affirm that a sentence . .

Cited by:

CitedRooney and Others, Re Attorney General’s Reference (Number 1 of 2005) CANI 11-Nov-2005
The defendants had been convicted or armed robbery. The Attorney General appealed against the sentences saying they were too lenient. Rooney argued that his plea of guilty had been after an indication by the judge and the reference was misguided. . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 07 May 2022; Ref: scu.234982

Regina v Daly and England: CACD 1995

Two men poured petrol over and set fire to the car of another man. Unknown to them the owner was asleep inside the car and he was as a result killed. Sentences of 7 years were upheld.

Citations:

[1995] 16 Cr App R (S) 777

Jurisdiction:

England and Wales

Cited by:

CitedJones, Regina v CACD 30-Nov-2005
The court considered appeals against tarriffs set for defendants convicted of murder in the light of the schedules to the 2003 Act.
Held: ‘The guidance given by Schedule 21 is provided to assist the judge to determine the appropriate sentence. . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 07 May 2022; Ref: scu.235490

Regina v Palma: CACD 1986

Citations:

(1986) 8 Cr App. R(S)

Jurisdiction:

England and Wales

Cited by:

CitedJones, Regina v CACD 30-Nov-2005
The court considered appeals against tarriffs set for defendants convicted of murder in the light of the schedules to the 2003 Act.
Held: ‘The guidance given by Schedule 21 is provided to assist the judge to determine the appropriate sentence. . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 07 May 2022; Ref: scu.235492

Regina v Price: CACD 23 Jun 2005

The court considered the sentencing factors on a conviction for the importing of weapons.
Held: The defendant had imported three flick knives disguised as cigarette lighters, and a knuckleduster. He had previous convictions for violence. The court had accepted that the knives were brought in as gifts. The knuckleduster could only be used for violence, and similar uses were likely for the knives. The sentence of three years remained appropriate. The relevant factors were the nature of the weapon, and the risk if distributed, and the offenders actual intention, which might differ from that expressed.

Judges:

Thomas LJ, Silber, Griffith Williams JJ

Citations:

Times 25-Jul-2005

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 07 May 2022; Ref: scu.229680

Regina v Dica (No 2): CACD 27 Jul 2005

The defendant had been convicted of inflicting grievous bodily harm by having unprotected sex with women knowing that he had HIV, and transmitting the condition to them. He appealed a sentence of 4.5 years.
Held: The defendant was of previous good character, and had been villified by the media, but the consequences of his actions had been devastating to the women involved. The sentence was not manifestly excessive, and the appeal failed.

Judges:

Judge LJ, Hallett J, Rafferty J

Citations:

Times 07-Sep-2005

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 07 May 2022; Ref: scu.229992

Rehina v Hussain: CACD 1 Jul 2005

The defendant appealed his sentence for electoral fraud, he had manipulated the postal voting system.
Held: The courts had a clear duty to mark the seriousness of offences which undermined respect for democratic institutions. ‘If in a democratic society the electoral system was contaminated by corruption of fraud it was rendered worthless.’ The standing of the appellant in the community was an aggravation as much as a mitigation. Nevertheless, a deterrent sentence had to be proportionate to the offence and not unjust to the offender. ‘A fraud on this scale . . . Had even more dangerous consequences than an offence undermining the administration of justice.’ The sentence of three years and seven months was appropriate.

Judges:

Lord Woolf LCJ, Richards, Henriques LJJ

Citations:

Times 07-Jul-2005

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 07 May 2022; Ref: scu.228582

Regina v Kirby: CACD 2005

The court asked when it might be able to add an anti-social behaviour order when sentencing: ‘To make an anti-social behaviour order in a case . . . Where the underlying objective was to give the court higher sentencing powers in the event of similar future offending, is not a use of the power which shouldnormally be exercised.

Citations:

[2005] EWCA Crim 1228

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Williams CACD 28-Jun-2005
The defendant had been convicted of many motoring offences. In sentencing him the judge had added an Anti-Social behaviour Order, which would have the effect of imposing a greater punishment for any further offences than would be possible for the . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 07 May 2022; Ref: scu.228614

Regina v Hall: CACD 2004

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

Citations:

[2004] EWCA Crim 2671

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Williams CACD 28-Jun-2005
The defendant had been convicted of many motoring offences. In sentencing him the judge had added an Anti-Social behaviour Order, which would have the effect of imposing a greater punishment for any further offences than would be possible for the . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Road Traffic

Updated: 07 May 2022; Ref: scu.228613

Regina v Lyon: CACD 12 May 2005

The defendant appealed his sentence of five years after conviction for causing grievous bodily harm.
Held: Care should be taken only to place relience upon guideline cases. Particular care should be adopted when considering Attorney General’s References unless they expressed themselves to be of general application, since in those cases the court was considering principally the minimum appropriate sentence. The sentence of five years here remained appropriate.

Judges:

Rose LJ, Gibbs J, Stanley Burnton J

Citations:

Times 19-May-2005

Jurisdiction:

England and Wales

Citing:

CitedAttorney General’s Reference No 36 of 1996 Under Section 36 of Criminal Justice Act 1988: Regina v Johnson CACD 15-Oct-1996
The minimum approriate sentence for an offence of s18 wounding was 4 years. . .
CitedAttorney-General’s Reference No 88 of 2000 CACD 2001
The Attorney General referred a sentence for inflicting grievous bodily harm in a ‘road rage’ situation.
Held: The section 18 offence should have attracted a sentence of four years after a trial. . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 06 May 2022; Ref: scu.224979

Regina v Spruce; Regina v Anwar: CACD 25 Apr 2005

The defendants had appealed against sentence, and had been sucessful, but in their absence. They each sought a further opportunity to appeal, but being present.
Held: The 1968 Act gave to the defendant the right to be present at his appeal. The practice was that on a sentence being reduced on an appeal without the defendant appearing he would be given seven days in which to accept or reject the reduction, but he would be discouraged from renewing the appeal. The matter could be re-listed, but normally fresh material would be required to allow any different decision.

Judges:

Rose LJ, Gibbs J, Stanley Burnton J

Citations:

Times 05-May-2005

Statutes:

Criminal Appeal Act 1968 2(1)

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 06 May 2022; Ref: scu.224880

Attorney-General’s Reference (Nos 132 and 133 of 2004): CACD 9 Feb 2005

The defendants had been involved in substantial levels of street trafficking in drugs. Their sentences had inevitably to be increased as having been too lenient. In respect of one defendant however, she had since her release been caring for her baby and other children, and it would be damaging for them for her to be returned to prison, and her sentence would not be increased. Arrangements should be made in future to ensure that the court was informed if a prisoner had been released before the hearing.

Judges:

Judge LJ

Citations:

Times 21-Mar-2005

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 06 May 2022; Ref: scu.224298

Attorney General’s Reference (No. 82 of 2002): CA 2003

Where a defendant was thought to have committed a wide range of offences but faced only representative charges, then provided that the admitted basis on which an offender pleads guilty embraces that wider course of conduct, it was proper for a sentencing judge to proceed to pass sentence on that basis

Judges:

Vice-President, Rose LJ

Citations:

[2003] 2 Cr App R (S) 115

Jurisdiction:

England and Wales

Cited by:

CitedTovey and Another v Regina CACD 9-Mar-2005
Each defendant appealed sentences where he had committed a series of offences and the sentence had been for specimen acts.
Held: When choosing representative offences a prosecutor should be careful to try to give the court a proper picture of . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 06 May 2022; Ref: scu.224231

Regina v May; Regina v Bravard; Regina v Stapleton: CACD 28 Jan 2005

The defendants had created limited companies for the sole purpose of making fraudulent reclaims of VAT. They appealed confiscation orders which attributed to each of them the whole sum received by the companies, rather than a proportionate part.
Held: When looking at what property was owned by a defendant when considering a confiscation order and looking at property over which he only had joint control, there was no need for the court to make an apportionment. The corporate veil was correctly pierced. It was the obtaining or retention of property which mattered under the section, bit whther he did so merely as collector or distributor. It was as if they had paid the sum into a joint bank account. However the section required the order to be made with respect to provable assets not those which a court might think were hidden, and the orders were adjusted accordingly.

Judges:

Keene, Hodge LJJ, Jones QC

Citations:

Times 15-Feb-2005

Statutes:

Criminal Justice Act 1988 71(4)

Jurisdiction:

England and Wales

Cited by:

CitedDepartment for Works and Pensions v Richards; Regina v Richards (Michael) CACD 3-Mar-2005
After conviction for benefits fraud, the defendant appealed a confiscation order, saying that had he made appropriate claims for state benefirs under other heads, the loss to the state would have been much less (andpound;3000 not andpound;19,000). . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 06 May 2022; Ref: scu.223222

Regina v Reeves: CACD 1988

Citations:

(1980) 2 Cr App R (S) 35

Jurisdiction:

England and Wales

Cited by:

Not to be followedRegina v Page; Regina v Maher; Regina v Stewart CACD 8-Dec-2004
Each defendant appealed convictions for shoplifting (theft).
Held: The court gave guidelines for sentencing of adult individual shoplifters. Shoplifting is a classic offence where custody should be a sentence of last resort. Older cases must . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 06 May 2022; Ref: scu.221707

Regina v Mariconda: CACD 1988

Sentencing for theft with aggravating features justifying immediate custody

Citations:

(1988) 10 Cr App R (S) 356

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Page; Regina v Maher; Regina v Stewart CACD 8-Dec-2004
Each defendant appealed convictions for shoplifting (theft).
Held: The court gave guidelines for sentencing of adult individual shoplifters. Shoplifting is a classic offence where custody should be a sentence of last resort. Older cases must . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 06 May 2022; Ref: scu.221706

Regina v Ukoh: CACD 28 Dec 2004

The defendant appealed his sentence for a drugs offence, saying that following his deportation on release, he would be liable to a further term of imprisonment at home for the same offence.
Held: That issue was not relevant to an English court passing sentence. It was for the Home Secretary to take this into account when considering a deportation.

Judges:

Lord Woolf LCJ, Cresswell J, Simon J

Citations:

Times 09-Dec-2004

Jurisdiction:

England and Wales

Citing:

CitedRegina v Nazari CACD 1980
The CACD heard several appeals together, giving guidance as to the general principles to be applied in deciding on recommendations for deportation under the Act. Lawton LJ said that ‘no court should make an order recommending deportation without . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 06 May 2022; Ref: scu.221713

Regina v Bird: CACD 3 Dec 2004

The defendant appealed the imposition of a determinate sentence followed by an extended sentence for offences of cruelty to a child, rape and inflicting grievous bodily harm.
Held: Some of the offences had taken place before the regime of extended sentences was introduced. Though one extended sentence should not follow another, there was no reason why an extended sentence should not follow a determinate one. In this case however the sentences were varied.

Judges:

Kennedy LJ, Bell J, Hughes J

Citations:

Times 10-Dec-2004

Statutes:

Crime and Disorder Act 1998 58

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 06 May 2022; Ref: scu.221445

Regina v Page; Regina v Maher; Regina v Stewart: CACD 8 Dec 2004

Each defendant appealed convictions for shoplifting (theft).
Held: The court gave guidelines for sentencing of adult individual shoplifters. Shoplifting is a classic offence where custody should be a sentence of last resort. Older cases must be looked at in the light of the later reduction in the maximum penalty for theft.

Judges:

Rose LJ, Douglas Brown J, Mackay J

Citations:

Times 23-Dec-2004

Jurisdiction:

England and Wales

Citing:

Not to be followedRegina v Roth CACD 1980
Sentencing for theft . .
Not to be followedRegina v Keogh CACD 1994
Sentencing for shoplifting . .
Not to be followedRegina v Macleod CACD 1981
Sentencing for shoplifting. . .
DistinguishedRegina v Oakley CACD 1979
Sentencing for shoplifters. . .
CitedRegina v Goldrick CACD 1988
Sentencing for minor theft . .
CitedRegina v Mariconda CACD 1988
Sentencing for theft with aggravating features justifying immediate custody . .
CitedRegina v Moss CACD 1986
. .
CitedRegina v Howells, etc CACD 30-Jul-1998
The threshold criterion for imprisonment that ‘so serious that only custodial sentence justified’ was not best described in terms of view of ‘right thinking members of the public’ but rather the court should look to the need to protect the public . .
Not to be followedRegina v Reeves CACD 1988
. .
CitedAttorney-General’s Reference (No 64 of 2003) CACD 20-Nov-2003
The attorney general sought re-assessment of the defendant’s sentence of a Drug treatment and testing order.
Held: When considering a Drug Treatment and Testing Order, the court should consider: the realistic possibility that such orders may . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 06 May 2022; Ref: scu.221699

Regina v Goldrick: CACD 1988

Sentencing for minor theft

Citations:

(1988) 10 Cr App R (S) 346

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Page; Regina v Maher; Regina v Stewart CACD 8-Dec-2004
Each defendant appealed convictions for shoplifting (theft).
Held: The court gave guidelines for sentencing of adult individual shoplifters. Shoplifting is a classic offence where custody should be a sentence of last resort. Older cases must . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 06 May 2022; Ref: scu.221705

Regina v Kishietine: CACD 29 Nov 2004

The defendant had been convicted of providing false information to the immigration authorities when applying for asylum. She appealed her sentence of nine months imprisonment.
Held: She had been raped and beaten by soldiers in her own country and fled to England. She only claimed asylum three months after arriving, but said that she had arrived the day before. The fact that her claim might be genuine and succeed was not relevant. It was a matter for the immigration authorities. The sentence was appropriate.

Judges:

Pill LJ, Sir Ian Kennedy

Citations:

Times 09-Dec-2004

Statutes:

Immigration Act 1971 24A

Jurisdiction:

England and Wales

Criminal Sentencing, Immigration

Updated: 06 May 2022; Ref: scu.221441

Regina vCliff: CACD 25 Nov 2004

The defendant had been convicted of an affray. A car was used in the course of the defendant getting to the scene. He appealed against a sentence of imprisonment and disqualification from driving for two years.
Held: A disqualification could be imposed even though the offence was not a driving offence as such. The section was wide in its ambit, and was wider than its predecessors. There were good reasons for the disqualification, since the circumstances included an allegation of the defendant having driven whilst tipsy and colliding with another car, but a nine month disqualification was substituted.

Judges:

Gage LJ, Nelson J, Field J

Citations:

Times 01-Dec-2004

Statutes:

Powers of Criminal Courts (Sentencing) Act 2000 146

Jurisdiction:

England and Wales

Criminal Sentencing, Road Traffic

Updated: 06 May 2022; Ref: scu.220262

Regina v O’Dwyer: CACD 1988

In order properly to assess the seriousness of an offence, for the purposes of determining whether it qualifies for a sentence of life imprisonment, it is necessary to look not only at what happened but at what might have happened and what was likely to happen.

Citations:

(1988) 86 Cr App R 313

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Willoughby CACD 5-Nov-1998
Appeal against conviction dismissed. Appeal against sentence for offences of false imprisonment, indecent assault and assault occasioning actual bodily harm. The sentences were life imprisonment for the offence of false imprisonment, with . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 06 May 2022; Ref: scu.220560

Regina v Mills: CACD 30 Nov 2004

The defendant had been sentenced in 1995 to life imprisonment for abduction and other offences. He sought release saying that new life prisoners would have the specified minimum set at one half of the notional determinate sentence, and not two thirds as had been the practice at the time he was sentenced.
Held: The practice was not to be applied retrospectively, and the appeal failed. However the notional determinate sentence should have been set at 22 years. The true protection for the public lay in the life sentence, not in providing for an extended notional determinate term.

Judges:

Pill LJ, Gray J, Sir Ian Kennedy

Citations:

Times 03-Dec-2004

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 06 May 2022; Ref: scu.220267

Regina v Stanca: CACD 2004

Sentence for possession of false passport.

Citations:

[2004] 1 Cr App R (S) 265

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Kolawole CACD 11-Nov-2004
The defendant appealed his sentence of 16 months for two offences of possessing a false instrument with intent. The documents were passports.
Held: Such offences must now be considered as serious. Courts had previously failed properly to . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 06 May 2022; Ref: scu.219485

Regina v Kolawole: CACD 11 Nov 2004

The defendant appealed his sentence of 16 months for two offences of possessing a false instrument with intent. The documents were passports.
Held: Such offences must now be considered as serious. Courts had previously failed properly to distinguish between the various grades of offence involved. A starting point range of 12 to 18 months was generally appropriate.

Judges:

Rose LJ, Hallett J, Dobbs J

Citations:

Times 16-Nov-2004, [2005] 2 Cr App R (S) 71

Statutes:

Forgery and Counterfeiting Act 1981

Jurisdiction:

England and Wales

Citing:

CitedRegina v Singh CACD 30-Oct-1998
Appeal against sentence for possession of false passport: ‘In our judgment, cases involving the use of false passports will almost always merit a significant period of custody. Taking account what this Court said in Ollerenshaw (23rd April 1998) . .
Not to be followedRegina v Siliavski CACD 19-Apr-1999
Appeal against sentence of 12 months for possession of four forged Greek passports. . .
CitedRegina v Stanca CACD 2004
Sentence for possession of false passport. . .
ApprovedRegina v Cheema CACD 2002
Possession of false passport . .
CitedRegina v Balasubramaniam CACD 2002
Sentence for possession of false passport. . .

Cited by:

AppliedRegina v Omotade CACD 1-Aug-2008
The defendant had used a false Nigerian passport to support a cheque cashing and was convicted on her admission of possession of a false identity document with intent. She appealed a sentence of 15 months imprisonment.
Held: The use for which . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 06 May 2022; Ref: scu.219482

Regina v Parnell: CACD 15 Oct 2004

The defendant had been convicted of attempted incitement to an act of gross indecency with a male under 16. He appealed a requirement that he be registered as a sex offender. He had been travelling to Sri Lanka, and sent an email seeking sex. The email had been intercepted by the police in Sri Lanka.
Held: The section did not refer to an offence of attempting to incite commission of the substantive offence and there was no jurisdiction to impose either an extended sentence, or a requirement to register.

Judges:

Richards J, Bean J

Citations:

Times 08-Nov-2004

Statutes:

Sexual Offences (Conspiracy and Incitement) Act 1996, Powers of Criminal Courts (Sentencing) Act 2000 161, Sex Offenders Act 1997

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 06 May 2022; Ref: scu.219428

Regina v Hinton: CACD 1995

The defendant had pleaded guilty to indecent assault on his 15 year old stepdaughter. The reason for the charge being under section 14 was that the time limit for prosecution under section 6 had expired. The sentence exceeded the maximum for the section 6 offence.
Held: The court considered sentencing where the defendant had been convicted of sexual assault rather than unlawful sexual intercourse, because the time limit for the latter offence had passed. (?1995)

Judges:

Lord Taylor CJ

Citations:

(1995) 16 Cr App R(S) 523

Jurisdiction:

England and Wales

Cited by:

CitedRegina v J HL 14-Oct-2004
The defendant was to have been accused of having unlawful sexual intercourse with a girl under 16. Proceedings could not be brought, because the allegation was more than a year old, and he was instead accused of indecent assault, but on the same . .
CitedTimmins, Regina v CACD 15-Nov-2005
The defendant appealed conviction for indecent assault. The charge alleged assault by intercourse per vaginam with a 13 year old girl. He had been 14 years old at the time. The verdict indicated consent by the complainant.
Held: The appeal . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 06 May 2022; Ref: scu.216527

Regina v McKeown and Others (Attorney-General’s Reference Nos 13 to 18 of 2004): CACD 7 Jul 2004

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

Citations:

Times 17-Aug-2004

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Alfonso; Regina v Sajid; Regina v Andrews CACD 9-Sep-2004
The defendants appealed sentences for supplying drugs. They were first time defendants, addicts caught selling drugs to police officers, and with no established stocks of drugs for sale.
Held: A short prison sentence was appropriate. A drug . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 06 May 2022; Ref: scu.200285

Regina v M (Sexual Offence: Extended Sentence): CACD 5 Jul 2004

The defendant complained that, although the judge had said there was only a low risk of his re-offending, after conviction for a minor sex offence, he had nevertheless been sentenced to an extended period of imprisonment.
Held: It was recognised that the appropriate treatment programmes would only be effective where defendants received sentences of sufficient length to allow any treatment some chance of success. This might require longer sentences than might otherwise be justified for some offenders. The judge had correctly balanced the defendant’s cirumstances. Once there was a risk of re-offending, even slight it was a matter for the assessment of the judge.

Judges:

Lord Woolf, Lord Chief Justice, Pitchford, Jack JJ

Citations:

Times 18-Aug-2004

Statutes:

Powers of Criminal Courts (Sentencing) Act 2000 85

Jurisdiction:

England and Wales

Citing:

CitedRegina v Nelson CACD 24-Oct-2001
The court gave guidelines on sentencing violent or sex offenders. The court should consider in order the commensurate sentence, whether any longer sentence was needed to protect the public, and if the sentence would be four year or longer, whether . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 06 May 2022; Ref: scu.200295

Regina v Longworth: CACD 23 Jul 2004

The defendant had been convicted of possession of one indecent photograph of a child, and given a conditional discharge. He appealed being placed upon the sex offenders’ register.
Held: Despite s14(1) of the 2000 Act, the offence required a placing on the register, under 1(4) of the 1997 Act as an ‘offender of any other description’. The requirement arose independently of any order of the judge.

Judges:

Potter LJ, Gibbs J and Sir Michael Wright

Citations:

Times 17-Aug-2004

Statutes:

Powers of Criminal Courts (Sentencing) Act 2000 14(1), Sex Offenders Act 1997 1(4)

Jurisdiction:

England and Wales

Cited by:

Appeal fromLongworth, Regina v HL 26-Jan-2006
The appellant had been given a conditional discharge for possession of one indecent photograph of a child on his computer. He challenged being placed on the sex offenders’ register.
Held: The proceedings did not involve, or have as any part of . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 06 May 2022; Ref: scu.200284

Regina v D (Contempt of Court: Illegal Photography): CACD 4 May 2004

The defendant was caught taking photographs in court using his mobile phone. He appealed his sentence of twelve months imprisonment for contempt of court.
Held: The sentence was appropriate. The photography of witnesses and other such uses posed a real threat to and was a major problem in the workings of the court system. No particular malice had been shown in this defendant, and the sentence was severe, but it was not so severe as to allow interference.

Judges:

Lord Woolf LCJ, Aikens Fulford JJ

Citations:

Times 13-May-2004

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 06 May 2022; Ref: scu.197038

Regina v Alkazraji: CACD 27 Jan 2004

The defendant appaled a sentence of twelve months for offences of theft and obtaining property by deception. She was pregnant. The judge calculated that she would be released under the electronic tagging scheme before the confinement.
Held: The judge was wrong to take into account when sentencing what was an extra-statutory and discretionary scheme. A two year community rehabilitation order was substituted.

Judges:

Woolf LCJ, Moses, Leveson JJ

Citations:

Times 02-Mar-2004

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 06 May 2022; Ref: scu.194089

Regina v Benfield; Regina v Sobers: CACD 21 Jul 2003

The defendants appealed life sentences for second serious offences under s109. They had been convicted of robbery.
Held: The offence of robbery existed at the time when the 200 Act was created, and it was inconceivable that the new Act required in effect a creation of a secand variant of the offence involving the use of a firearm. It should therefore be necessary to spell it out in the indictment. The defendant must still however have opportunity to obtain a verdict which clarified any factual issues relevant to the Act. The issue would be determined in his favour unless the offence established that he had a firearm as envisaged. Because the fact could lead to an automatic life sentence it was necessary that the fact should be settled clearly, and any doubt given to the defendant.

Judges:

Lord Woolf LCJ, Penry-Davey, Aikens JJ

Citations:

Times 01-Sep-2003, [2004] 1 Cr Aoo R 8

Statutes:

Powers of Criminal Courts (Sentencing) Act 2000 109

Jurisdiction:

England and Wales

Citing:

CitedRegina v Flamson CACD 2002
There is no need for an indictment to set out the facts which would need to be established to allow an offence to be treated as a serious offence for the purposes of sentencing under the Act, if those facts were clearly not at issue. . .
CitedRegina v D CACD 1993
. .
CitedRegina v Newton CACD 1982
Where there is a plea of guilty but there remains a conflict between the prosecution and defence as to the facts, the trial judge should approach the task of sentencing in one of three ways: a plea of not guilty can be entered to enable the jury to . .
CitedRegina v Courtie HL 1984
The House considered how to frame an indictment in a case of buggery where the prescribed punishment differed depending on the particular factual ingredients.
Held: Lord Diplock said: ‘Where it is provided by a statute that an accused person’s . .

Cited by:

CitedHylands, Regina v CACD 25-Nov-2004
The defendant had been convicted of robbery. Evidence suggested that he may had had with him a firearm. He appealed an automatic life sentence for a second serious offence.
Held: In order for an offence to come within the section, either the . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 06 May 2022; Ref: scu.186030

Hogben v United Kingdom: ECHR 3 Mar 1986

Citations:

11653/85

Jurisdiction:

Human Rights

Cited by:

CitedRegina v R (Sentencing: Extended licences) CACD 25-Jul-2003
The imposition of an extended period of licence in respect of offences committed before 1992 did not infringe the defendant’s human rights. The defendant had been convicted of offences from 1976 and 1982. The commencement date for the 1991 Act was 1 . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Sentencing

Updated: 06 May 2022; Ref: scu.185763

Regina v JT: CACD 2003

The provisions of section 68 were punitive, and therefore could not be read to have retrospective effect.

Citations:

[2003] EWCA Crim 1011

Statutes:

Powers of Criminal Courts (Sentencing) Act 2000 68, European Convention on Human Rights 6

Jurisdiction:

England and Wales

Citing:

CitedIbbotson v United Kingdom ECHR 1998
While the applicant was serving a sentence for possession of obscene material, the 1997 Act came into force, requiring him to register with the police. It was argued that the passing of the Act and its impact on the offender involved a ‘penalty’ . .

Cited by:

per incuriamRegina v R (Sentencing: Extended licences) CACD 25-Jul-2003
The imposition of an extended period of licence in respect of offences committed before 1992 did not infringe the defendant’s human rights. The defendant had been convicted of offences from 1976 and 1982. The commencement date for the 1991 Act was 1 . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Human Rights

Updated: 06 May 2022; Ref: scu.185762

Attorney-General’s Reference (No 10 of 2003); Regina v Jutue: CACD 14 May 2003

A case had been referred to the court, but the court was unhappy about the state of the reference. It was essential that reference should be seen by counsel in the case so that he could check it. It should not be based upon the evidence as it stood before the hearing, but must allow for developments in that evidence at the trial.

Judges:

Kennedy LJ, Pitcher J and Sir Michael Wright

Citations:

Times 30-May-2003

Jurisdiction:

England and Wales

Citing:

CitedAttorney-General’s Reference (No 14 of 2003) Regina v Sheppard CACD 9-Apr-2003
The Attorney-General sought to refer a sentence to the Court of Appeal as too lenient.
Held: The Act introduced a new power, but provided several protections. The Attorney-General had himself to consider the sentence to be too lenient, and he . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 06 May 2022; Ref: scu.182740

Regina v Yusuf: CACD 6 May 2003

It is essential that witnesses who had been called to attend court should do so. The public have a duty to co-operate with the courts. The appellant was called to be a witness in a murder trial. A witness summons had been served, but he did not attend.
Held: He had claimed to be afraid, but had retracted parts of his statement. The judge in this case had dealt with the appellant fairly, and there was no bias. The sentence of the maximim of three months’ imprisonment for contempt was appropriate given the deliberate act and the consequences.

Judges:

Rose LJ, Grigson Beatson JJ

Citations:

Times 12-May-2003

Jurisdiction:

England and Wales

Criminal Sentencing, Contempt of Court

Updated: 05 May 2022; Ref: scu.182136

Regina v Efionayi: CACD 1995

Citations:

[1995] 16 Cr App R (S) 380

Jurisdiction:

England and Wales

Cited by:

DistinguishedRegina v Threapleton CACD 19-Dec-2001
The defendant was made subject to a confiscation order. He appealed on the basis that the court had left two alternatives versions to the jury, and that it should therefore, when making such an order, take the version most favourable to the . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 05 May 2022; Ref: scu.182115

Regina v Sallis: CACD 29 Jan 2003

The magistrates had made an error in the form of committal, when remitting the defendant to the Crown Court for sentence.
Held: The error had the effect of limiting the Crown Court to the powers which had been available to the magistrates. The statement of committal under section 4 had failed to include, as was required, a statement that the magistrates were of the opinion that they also had power to commit the defendant under section 3(2). This had the effect of disapplying section 5 in the crown Court.

Judges:

Holland, Hallett JJ

Citations:

Times 07-Feb-2003

Statutes:

Powers of Criminal Courts (Sentencing) Act 2000 4

Jurisdiction:

England and Wales

Magistrates, Criminal Sentencing

Updated: 05 May 2022; Ref: scu.178999

Regina v Tyce: CACD 15 Oct 1993

Judge’s attention to be drawn to actual loss sustained for a compensation order to be made. If property is stolen and recovered undamaged, it is not open to the court to make a compensation order in respect of the value of the goods.

Citations:

Gazette 03-Nov-1993, Times 15-Oct-1993, 15 Cr App R (S) 415

Statutes:

Criminal Compensation Act 1973 35(1)

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 05 May 2022; Ref: scu.88214

Regina v Cassidy: CACD 13 Oct 2000

Where a youth was seventeen at the date of conviction, but eighteen when sentenced, a sentence to a detention and training centre took effect as that, and was not to be converted into a sentence to detention in a young offender institution. The Act would only come into effect in such a case where he was being re-sentenced.

Citations:

Times 13-Oct-2000

Statutes:

Crime and Disorder Act 1998 79(5)

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 04 May 2022; Ref: scu.85166

Regina v Monfries: CACD 2004

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

Citations:

[2004] 2 Cr App R(S) 3

Jurisdiction:

England and Wales

Cited by:

CitedSmale, Regina v CACD 30-Apr-2008
The defendants appealed against sentences of imprisonment after being convicted of assisting a family member to hide assets after his conviction for cocaine importation.
Held: The sentences were reduced. . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 04 May 2022; Ref: scu.581693

Regina v Goodchild: CACD 12 Aug 1991

The court considered sentencing for manslaughter where, following an argument, the deceased was struck with a clenched fist in the middle of his face and was knocked over, so that his head struck the kerbstone and his skull was fractured with fatal results.
Held: Watkins LJ said ‘If one were to look at the matter from the point of view of the victim and his family, the temptation would be to sentence the person responsible for such a thing to imprisonment for a number of years. But this Court has said that that is not the way to look at the matter. Justice is not seen to be done in that way’.

Judges:

Watkins LJ

Citations:

Unreported – August 12 1991

Jurisdiction:

England and Wales

Cited by:

CitedAppleby, Regina v (Attorney-General’s Reference (No 60 of 2009) CACD 18-Dec-2009
Each defendant had been convicted of an assault resulting in a death, but where no weapon had been used and where but for the death the charge would have been assault occasioning actual bodily harm.
Held: The decision in Furby, while still . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 02 May 2022; Ref: scu.384383

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 cases in which the [offenders] are found not to warrant the ultimate penalty is done by means of the exercise of the prerogative of mercy rather than by amendment of the law relating to capital punishment.’

Judges:

Fitzpatrick JA

Citations:

Unreported, 30 August 1996

Jurisdiction:

Commonwealth

Cited by:

CitedReyes 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 . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 30 April 2022; Ref: scu.226135

Regina v Wisniewski: CACD 9 Dec 2004

The defendant appealed sentences for battery with iintent to commit sexual assault.
Held: In general the existing authorities on sentencing of sex offenders should apply to the new offences, with an allowance made for the lower maximum sentence under the new offence as against rape or attempted rape.

Judges:

Rose LJ, Douglas Brown J, Mackay J

Citations:

Times 20-Dec-2004, [2004] EWCA Crim 3361

Links:

Bailii

Statutes:

Sexual Offences Act 1003 62, Powers of Criminal Courts (Sentencing) Act 2000 3

Jurisdiction:

England and Wales

Citing:

CitedAttorney-General’s Reference (No 37, 38, 44, 45, 51, 53, 35, 40, 43, 45, 41 and 42 of 2003) CACD 23-Oct-2003
Several appeals were heard on references against unduly lenient sentences of sex offenders.
Held: Courts faced particular difficulties when sentencing sex offenders, but there exist guideline cases, and a court engagaed in such a sentencing . .
CitedAttorney General v CCE, NJK and TAG; Attorney General’s References (Nos 91, 119, 120 of 2002) CACD 21-Jan-2003
The Attorney General referred sentences of the defendants for sexual assaults short of rape.
Held: The sentencing considerations outlined in the Millberry guidelines for sentencing in rape cases should be applied also for sexual offences of a . .
CitedRegina v Nelson CACD 24-Oct-2001
The court gave guidelines on sentencing violent or sex offenders. The court should consider in order the commensurate sentence, whether any longer sentence was needed to protect the public, and if the sentence would be four year or longer, whether . .
CitedMillberry, Morganian, Lackenby v Regina CACD 9-Dec-2002
The Court gave detailed guidelines on sentencing for offences of rape, following a report from the sentencing advisory panel.
Held: The court outlined the base sentences for single and multiple offences of rape, listing aggravating and . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 30 April 2022; Ref: scu.220497

Regina v Garvey, Attorney-General’s Reference (No 104 of 2004): CACD 25 Oct 2004

The Attorney General appealed the sentence of 18 months imposed on the defendant for sexual assault by a digital penetration.
Held: The maximum sentences for the offence had been increased to life imprisonment, and accordingly sentence levels generally should be increased beyond what it would have been when classified as an indecent assault. The starting point for rape under the 2003 Act should be five years. For an offence of digital penetration, the starting point should be four years, but if in either case the degree of penetration was minimal, that starting point might be reduced, as also it should be for yound offenders. In this case three years was appropriate.

Judges:

Rose LJ, Henriques J, Dobbs J

Citations:

Times 29-Oct-2004

Statutes:

Sexual Offences Act 2003 1 2

Jurisdiction:

England and Wales

Citing:

CitedMillberry, Morganian, Lackenby v Regina CACD 9-Dec-2002
The Court gave detailed guidelines on sentencing for offences of rape, following a report from the sentencing advisory panel.
Held: The court outlined the base sentences for single and multiple offences of rape, listing aggravating and . .

Cited by:

CitedRegina v Corran, Regina v Cutler, Regina v Heard, Regina v Willams CACD 2-Feb-2005
Various sentences were appealed in respect of defendants convicted of sexual offences under the 2003 Act.
Held: The Act contained new extended ranges of sexual offences, and these required resvised sentencing guidelines. The starting point for . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 30 April 2022; Ref: scu.220039

Regina v Smith SJ: CACD 2002

Judges:

Tomlinson J

Citations:

[2002] 1 Cr App R (S) 61

Jurisdiction:

England and Wales

Cited by:

CitedAttorney General’s Reference v Nos. 31, 45, 43, 42, 50 and 51 of 2003; Regina v McInerney; Regina v McLean CACD 16-Jul-2004
The court considered appeals by the Attorney-General against sentences considered to be too lenient, and in particular where a community penalty had been imposed rather than a sentence of immediate imprisonment.
Held: The Court emphasised the . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 30 April 2022; Ref: scu.199263

Regina v McKechnie: CACD 2002

Four appellants conspired to defraud banks and others. The prosecution alleged a sophisticated and well organised conspiracy involving the appellants and others. Mail was redirected to addresses to which the conspirators had access. Credit cards so received would be used until the credit card limit had been reached. Fingerprint and handwriting evidence revealed the links between the conspirators. The appellant Jayne Gibbons in interview had said that she had filled out redirection applications and credit card applications. The appellants’ appeals against conviction were dismissed, the court observing that the evidence against each of them was overwhelming and the verdicts of the jury were no surprise to the court. Jayne Gibbons appealed against the confiscation order made against her. She was the only appellant who had not received a sentence of imprisonment, the judge taking what the court described as a merciful course solely because she was pregnant at the time of sentence. There could be no doubt that she played her part in the conspiracy and she had admitted her involvement to a certain extent in interview. The trial judge, in assessing the benefit obtained as a result of the criminal conduct, looked first at the total amount obtained as a result of the conspiracy, which was just over andpound;225,000. The prosecution said that it was impossible to calculate the full amount by which each individual had benefited personally. They suggested that the total should be divided between the four conspirators who had been convicted. The trial judge had rejected a submission that the starting point for individual defendants should be the personal gain to each individual conspirator.
Held: The court, considered two first instance decisions. In R. v. Rees, the defendant was the only person before the court but a number of people had been involved in the criminal enterprise of obtaining mortgage funds by deception contrary to section 15 of the Theft Act 1968. Auld J, as he then was, held that the defendant’s benefit was the whole amount obtained even though the defendant insisted that he personally did not receive all the money. The decision turned in part on the provisions of section 15(2) of the Theft Act 1968. In R. v. Gokal, the defendant was convicted of an offence to which section 15 of the Theft Act did not apply. It involved a deception of the auditors of BCCI in concealing a number of substantial loans made to a group of companies run by the defendant. Buxton J, as he then was, considered that Rees was confined to its own facts and to an offence under section 15 of the Theft Act. He held that the phrase ‘if he obtains’ in section 71(4) of the 1988 Act imports an obtaining by the defendant himself.

Judges:

Hallet J

Citations:

[2002] EWCA Crim 3161

Jurisdiction:

England and Wales

Citing:

DistinguishedAbbas Kassimali Gokal v Serious Fraud Office CA 16-Mar-2001
The defendant was convicted of an offence to which section 15 of the Theft Act did not apply. It involved a deception of the auditors of BCCI in concealing a number of substantial loans made to a group of companies run by the defendant. Buxton J had . .

Cited by:

CitedOlubitan v Regina CACD 7-Nov-2003
The defendant appealed against a confiscation order. He had used a company to defraud suppliers on the continent of substantial sums. He said that his involvement in the conspiracy was only toward the later end and that he had received no benefit in . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 29 April 2022; Ref: scu.187648