Sentence for conspiracy longer than for underlying offence of criminal damage.
Citations:
Gazette 27-Nov-1996, Times 12-Nov-1996
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 08 October 2022; Ref: scu.88259
Sentence for conspiracy longer than for underlying offence of criminal damage.
Gazette 27-Nov-1996, Times 12-Nov-1996
England and Wales
Updated: 08 October 2022; Ref: scu.88259
Guidelines on sentencing for importation of ecstasy, application of other guides.
Gazette 06-Sep-1995
England and Wales
Updated: 08 October 2022; Ref: scu.88269
Sentencing for Ecstasy offences is to be based on the weight of the active constituent. The Court gave tariffs and background for sentencing for trafficking.
Ind Summary 17-Jul-1995, Times 04-Jul-1995
England and Wales
Updated: 08 October 2022; Ref: scu.88270
Term in default of payment of fine may be less than maximum.
Ind Summary 21-Mar-1994
England and Wales
Updated: 08 October 2022; Ref: scu.88141
A confiscation order had been properly made against the proceeds of trafficking back to 1970, and before the Act had been created despite being retrospective.
Gazette 10-Jan-1996, Times 07-Dec-1995
Drug Trafficking Offences Act 1986 34
England and Wales
Updated: 08 October 2022; Ref: scu.88159
A threat of violence without a direct and immediate possibility of violence is not itself an offence of violence.
Ind Summary 08-May-1995
Criminal Justice Act 1991 31(1)
England and Wales
Updated: 08 October 2022; Ref: scu.87624
Sentencing guidelines of ten to twelve years for knifing offences are correct where the offence had been denied.
Times 06-May-1997
England and Wales
Updated: 08 October 2022; Ref: scu.87550
Issuing a threat to kill may be treated as a violent offence if injury was intended.
Ind Summary 19-Jun-1995
Criminal Justice Act 1991 31(1)
England and Wales
Updated: 08 October 2022; Ref: scu.87592
A deterrent sentence was appropriate for a supplier of Ecstasy tablets.
Ind Summary 21-Feb-1994
England and Wales
Updated: 08 October 2022; Ref: scu.87614
A house had been purchased solely to grow cannabis. The defendant appealed against an order for its forfeiture.
Held: The Misuse of Drugs Act does not give power to forfeit land, but applies to personal property only.
Gazette 03-Apr-1996, Times 22-Feb-1996
England and Wales
Updated: 08 October 2022; Ref: scu.87538
A defendant subject to a conditional discharge does not have a conviction which can be used to bring into effect a suspended sentence.
Gazette 08-Feb-1995
Powers of Criminal Courts Act 1973 1C
England and Wales
Updated: 08 October 2022; Ref: scu.87379
No ‘loss of time order’ is to be made against a prisoner, once he has been granted leave to appeal by single Judge.
Ind Summary 06-Mar-1995, Times 25-Jan-1995
England and Wales
Updated: 08 October 2022; Ref: scu.87386
Late and cynical plea and offer of help may not reduce sentence.
Times 01-Mar-1994
England and Wales
Updated: 08 October 2022; Ref: scu.87230
No sentencing credit was to be given for an early indication of a plea where the Defendant was badly advised to plead not guilty.
Times 02-Jan-1997
England and Wales
Updated: 08 October 2022; Ref: scu.87077
The Court of Appeal may change a sentence tariff on a reference for leniency, but not against this defendant.
Times 15-Nov-1996
England and Wales
Updated: 08 October 2022; Ref: scu.87119
Confiscation orders in drug trafficking allow no room for mercy consideration.
Ind Summary 24-Jul-1995
Drug Trafficking Offences Act 1986 5(1)
England and Wales
Updated: 08 October 2022; Ref: scu.86917
The acts of an agent provocateur give no defence under English Law. The remedy lies in the Judge’s discretion to exclude evidence unfairly obtained. Conduct which leads to the importation of drugs is ‘fraudulent evasion’. The appellants were convicted of arranging for 20 kilograms of heroin to be imported into the United Kingdom. They were sentenced to serve 20 years and 16 years respectively.
Times 17-Mar-1994, Gazette 11-May-1994, (1994) 15 Cr App R (S) 864
Customs and Excise Management Act 1979 170(2)
England and Wales
Appeal from – Regina v Latif; Regina v Shahzad HL 23-Jan-1996
The defendant had been lured into the UK by the unlawful acts of customs officers. He claimed abuse of process.
Held: The category of cases in which the abuse of process principles can be applied is not closed. A customs officer committing an . .
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. . .
Cited – Regina v Mulkerrins and Sansom CACD 20-Jun-1997
The defendant appealed sentences for importing 795 kgs of cocaine, with a street value of approximately pounds 125 million.
Held: There was evidence of others involved at a level even higher than the two appellants, but both appellants had . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 October 2022; Ref: scu.87121
The Court of Appeal may not review a minimum period recommendation for murderer despite excess.
Gazette 03-May-1995
Murder (Abolition of Death Penalty) Act 1965
England and Wales
Updated: 08 October 2022; Ref: scu.87136
Court of Appeal doubts wisdom of present rules for minimum sentences for mandatory life sentence.
Times 12-Apr-1995
England and Wales
Updated: 08 October 2022; Ref: scu.87137
The Court of Appeal is unable to interfere with Judge’s recommended minimum for a lifer, even though it may recommend a change.
Independent 11-Apr-1995
Murder (Abolition of Death Penalty) Act 1965
England and Wales
Updated: 08 October 2022; Ref: scu.87138
The Court of Appeal criticised a ‘scatter-gun’ approach to appeals and costs of transcripts.
Times 18-Mar-1996
England and Wales
Updated: 08 October 2022; Ref: scu.86987
Prosecuting and Defence counsel have a duty to warn the Judge if he was passing an unlawful sentence.
Times 18-Jun-1996
England and Wales
Updated: 08 October 2022; Ref: scu.87009
Maximum 12 month applied to include consequence of revocation of licence.
Sentence maxima cannot be exceeded even on a re-sentence after a licence breach.
Gazette 13-Jul-1995, Times 01-Jun-1995
Criminal Justice Act 1991 40(4)(c)
England and Wales
Updated: 08 October 2022; Ref: scu.86671
Little discount was to be given for a guilty plea where the maximum sentence was appropriate and the defendant had been faced with little alternative to a guilty plea.
Ind Summary 12-Jun-1995, Times 05-May-1995
England and Wales
Updated: 08 October 2022; Ref: scu.86825
Six months imprisonment was too lenient for an attack on a motorist who was remonstrating after a can had been thrown at him.
Times 27-Jan-1997
England and Wales
Updated: 08 October 2022; Ref: scu.86820
Sentence reduction for youth in very serious offence is limited or none at all.
Times 28-Jan-1997
England and Wales
Updated: 08 October 2022; Ref: scu.86554
The court may re-sentence a defendant where the first sentence was unlawful if the proper procedure was now followed.
Times 02-Nov-1995
England and Wales
Updated: 08 October 2022; Ref: scu.86589
A confiscation order was valid despite the absence of a sentence ordered to be served in default of compliance.
Times 25-Mar-1996
Drug Trafficking Offences Act 1986 1
England and Wales
Updated: 08 October 2022; Ref: scu.86631
The court said that 4-5 years was an appropriate level of sentence for a commercial ringer of cars found guilty after trial.
Ind Summary 03-Jul-1995, Ind Summary 26-Jun-1995
England and Wales
Updated: 08 October 2022; Ref: scu.86647
No sentencing rules for sex abuse after long delay for offence as child.
Ind Summary 30-Jan-1995
England and Wales
Updated: 08 October 2022; Ref: scu.86509
Sentences for a jail break should be consecutive and equal to the term broken.
Times 01-Apr-1997
England and Wales
Updated: 08 October 2022; Ref: scu.86448
The value of a shotgun was not relevant to the issue of setting the level of a fine for its unlicensed possession.
Times 02-Feb-1994
England and Wales
Updated: 08 October 2022; Ref: scu.86458
A sentence extended to protect public must still be proportionate to the offence.
Times 17-Feb-1995
Criminal Justice Act 1991 2(2)(b)
England and Wales
Updated: 08 October 2022; Ref: scu.86381
An improperly made sentence can only be corrected by the court. It was not an administrative act.
Ind Summary 12-Feb-1996, Times 27-Dec-1995
England and Wales
Updated: 08 October 2022; Ref: scu.86404
Defendant’s remorse should not of itself be enough to prevent a court passing an appropriate sentence.
Times 02-Feb-1994
England and Wales
Updated: 08 October 2022; Ref: scu.86242
The court has no power to detain an offender aged under 18 for the non payment of a fine or drugs confiscation order.
Gazette 08-Nov-1995, Ind Summary 30-Oct-1995, Times 19-Oct-1995
Criminal Justice Act 1982 9(1)
England and Wales
Updated: 08 October 2022; Ref: scu.86100
The court considered the general effect of serious medical condition on sentencing, and how it should allow for such a condition.
Held: A sentencing court is fully entitled to take account of a medical condition by way of mitigation as a reason for reducing the length of the sentence, either on the ground of the greater impact which imprisonment will have on the defendant, or as a matter of generally expressed mercy in the individual circumstances of the case
Rose LJ
Times 02-Jul-1996, [1997] 1 Cr App R (S) 135
European Convention on Human Rights 3
England and Wales
Cited – Hall v Regina CACD 8-Feb-2013
The defendant had been convicted of the importation of large volumes of cocaine. He was however at the time of sentencing, ‘a man who suffers from an extremely grave combination of rare long term medical conditions which interfere with virtually all . .
Cited – Regina v Qazi and Another CACD 4-Nov-2010
The defendant appealed against sentence, saying that given his serious medical condition, any imprisonment would threaten his human rights.
Held: The court set out the law. A court imposing a sentence should not concern itself with the . .
Cited – Regina v Hetherington CACD 2009
The defendant had spina bifida from birth and hydrocephalus from shortly after birth with consequent severe disabilities and medical problems. The sentencing court had before it, in support of a contention by the defendant that his imprisonment . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 October 2022; Ref: scu.86118
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.
Ind Summary 23-Oct-1995, Times 10-Oct-1995, [1996] 1 CAR(s) 427
England and Wales
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 October 2022; Ref: scu.86123
Order enforcing foreign drug trafficking case can be made here despite no defendant.
Gazette 13-Sep-1995
England and Wales
Updated: 08 October 2022; Ref: scu.85814
Toulson LJ, Lloyd Jones J, Barker QC
[2012] EWCA Crim 606
England and Wales
Updated: 07 October 2022; Ref: scu.452822
[2011] EWCA Crim 3129
England and Wales
Updated: 04 October 2022; Ref: scu.450431
Each defendant applied for leave to appeal out of time against their respective convictions for murder.
Judge LCJ, Henriques, Irwin JJ
[2011] EWCA Crim 2795
England and Wales
Updated: 29 September 2022; Ref: scu.449748
(Manchester Crown Court) Sentencing after conviction for involvement in rioting during nationwide unrest.
Henshell J
[2011] EW Misc 15 (CrownC)
England and Wales
Updated: 20 September 2022; Ref: scu.445439
(Jamaica)
[1994] UKPC 46
Commonwealth
Updated: 17 September 2022; Ref: scu.442408
(Barbados) The maximum of 5 years to be spent awaiting the death penalty is appropriate and is not to be varied, even though it might be calculated broadly. It serves as a good general guideline.
(Barbados)
Times 01-Jun-1995, Gazette 21-Jun-1995, [1995] UKPC 21
Commonwealth
Updated: 17 September 2022; Ref: scu.442327
Belcher HHJ
[2016] EWHC 1957 (Admin)
England and Wales
Updated: 15 September 2022; Ref: scu.568006
The court was asked as to the circumstances in which sentences passed on offenders who have given assistance to prosecuting authorities should be referred back to the sentencing court under section 74 of the Serious Organised Crime and Police Act 2005.
Held: ‘The Divisional Court’s view that the predominant factor in deciding where the interests of justice lay was whether a change in circumstances had occurred between those which obtained at the time that the agreement with the specified prosecutor was made and the time at which consideration of whether to refer the case back to the original sentencing court took place cannot be upheld. Consideration of the interests of justice in this context involves an open-ended deliberation. Section 74(3) imposes no explicit constraint on how the specified prosecutor should approach the question and there is no warrant, in my opinion, for implying a fetter on the exercise of the unrestricted discretion for which the statute clearly provides.’
Lady Hale, Lord Kerr, Lord Wilson, Lord Carnwath, Lord Hughes
[2017] UKSC 63, [2017] WLR(D) 674, [2017] 1 WLR 3963, [2018] 1 All ER 361, [2018] 1 Cr App R (S) 21, [2018] NI 88, UKSC 2015/0110
Bailii, Bailii Summary, Supreme Court Summay, SC, SC Sgummary Video, SC Video 20170620 am, SC Video 20170620 Pm, WLRD
Serious Organised Crime and Police Act 2005
Northern Ireland
Appeal from – Loughlin, Re Judicial Review QBNI 21-Apr-2015
. .
Cited – Regina v Galbraith CCA 1981
Rejection of Submission of No Case to Answer
The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction.
Held: Lord Lane LCJ said: ‘How then . .
Cited – Regina v Shippey and Jedynak 1988
The defendants were tried for rape. The defence pleaded no case to answer saying that the complainant’s evidence was weak uncorroborated and inconsistent.
Held: The judge should assess the evidence and if the evidence of the witness upon whom . .
Cited – Police Service of Northern Ireland v LO CANI 2-Feb-2006
Appeal by way of case stated from a decision of a magistrate whereby he found that the respondent, LO, had no case to answer on a charge of breach of a non-molestation order and on charges of assaulting the first complainant JH occasioning her . .
Cited – Courtney, Regina v CANI 26-Jan-2007
Application for leave to appeal against a ruling of no case to answer. . .
Cited – P, 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 . .
Cited – Regina v The Director of Public Prosecutions, Ex Parte Manning, Ex Parte Melbourne QBD 17-May-2000
The applicants sought judicial review of the decision of the Director not to prosecute anybody after the death of their brother in prison custody, and while under restraint by prison officers. The jury at a coroner’s inquest had returned a verdict . .
Cited – Mohit v The Director of Public Prosecutions of Mauritius PC 25-Apr-2006
(Mauritius) The board was asked whether the decision of the Director to discontinue a private prosecution was a decision capable of review by the courts under the constitution of Mauritius. . .
Cited – Sharma v Brown-Antoine, Deputy Director of Public Prosecutions and others PC 30-Nov-2006
(Trinidad and Tobago) Complaint was made as to a decision to begin professional discliplinary proceedings against a senior member of the judiciary.
Held: Although a decision to prosecute was in principle susceptible to judicial review on the . .
Cited – Mooney, Re Judicial Review QBNI 8-Apr-2014
. .
Cited – Kincaid, Re Application for Judicial Review QBNI 19-Apr-2007
Application for judicial review of the avowed failure of the Public Prosecution Service to provide reasons for the decision not to prosecute a suspect for shooting the applicant. . .
Cited – McCabe, Re Judicial Review QBNI 27-Apr-2010
. .
Lists of cited by and citing cases may be incomplete.
Updated: 15 September 2022; Ref: scu.597259
Richards LJ, Eady, Treacy JJ
[2011] EWHC 1610 (Admin)
England and Wales
Updated: 15 September 2022; Ref: scu.441243
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 crimes. Blackburn’s case raised similar issues.
Held: The sections sought to give a statutory framework to encouraging assistance to the police, but did not give any specific discount: ‘the discount for the assistance provided by the defendant should be assessed first, against all other relevant considerations, and the notional sentence so achieved should be further discounted for the guilty plea. In the particular context of the SOCPA arrangements, the circumstances in which the guilty plea indication was given, and whether it was made at the first available opportunity, may require close attention. Finally we emphasise that in this type of sentencing decision a mathematical approach is liable to produce an inappropriate answer, and that the totality principle is fundamental.’
The court explained the background to the 2005 Act: ‘There never has been, and never will be, much enthusiasm about a process by which criminals receive lower sentences than they otherwise deserve because they have informed on or given evidence against those who participated in the same or linked crimes, or in relation to crimes in which they had no personal involvement, but about which they have provided useful information to the investigating authorities. However, like the process which provides for a reduced sentence following a guilty plea, this is a longstanding and entirely pragmatic convention. The stark reality is that without it major criminals who should be convicted and sentenced for offences of the utmost seriousness might, and in many cases, certainly would escape justice. Moreover, the very existence of this process, and the risk that an individual for his own selfish motives may provide incriminating evidence, provides something of a check against the belief, deliberately fostered to increase their power, that gangs of criminals, and in particular the leaders of such gangs, are untouchable and beyond the reach of justice. The greatest disincentive to the provision of assistance to the authorities is an understandable fear of consequent reprisals. Those who do assist the prosecution are liable to violent ill-treatment by fellow prisoners generally, but quite apart from the inevitable pressures on them while they are serving their sentences, the stark reality is that those who betray major criminals face torture and execution. The solitary incentive to encourage co-operation is provided by a reduced sentence, and the common law, and now statute, have accepted that this is a price worth paying to achieve the overwhelming and recurring public interest that major criminals, in particular, should be caught and prosecuted to conviction.’
President of the Queen’s Bench Division
[2007] EWCA Crim 2290, [2008] 2 All ER 684, [2008] 2 Cr App R (S) 5
Serious Organised Crime and Police Act 2005 71 72 73 74 75
England and Wales
Cited – Regina v Sinfield CACD 1981
The appellant had admitted ten robbery offences and asked for 53 offences to be taken into consideration. A total of almost andpound;500,000 had been stolen. He had given a great deal of information to the police about a large number of serious . .
Cited – 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. . .
Cited – Regina v Sehitoglu and others CACD 7-May-1997
The defendants appealed their sentences, saying that the sentencing court had not sufficiently recognised the assistance they had given to the police.
Held: The appropriate starting point for sentence was 24 years’ imprisonment after a trial. . .
Cited – A and B, Regina v CACD 23-Apr-1998
The two defendants appealed against sentences for being involved in importation of drugs. They said that they had assisted the police.
Held: The Court of Appeal Criminal Division is, in relation to sentencing, a court of review. Its function . .
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 – McKinnon v The United States of America and Anotherr HL 30-Jul-2008
The appellant sought to avoid extradition to the US. He had hacked into 97 US government computers. He argued that the punishment he might expect in the US was completely disproportionate to the offence, and that he had been misled into entering . .
Cited – Barker, Regina v CACD 24-Oct-2008
The defendant appealed against the minimum term imposed on her under the 2003 Act. She argued that the court should have made allowance for the fact that she had made exceptional progress since arriving in prison.
Held: Caines established that . .
Cited – Regina v Dougall CACD 13-May-2010
The defendant had pleaded guilty to conspiracy to corrupt in having provided inducements for the award of medical supplies contracts to Greece. He appealed against a sentence of twelve months imprisonment, saying that it should have been suspended . .
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 . .
Cited – Loughlin, Re Application for Judicial Review SC 18-Oct-2017
The court was asked as to the circumstances in which sentences passed on offenders who have given assistance to prosecuting authorities should be referred back to the sentencing court under section 74 of the Serious Organised Crime and Police Act . .
Explained – Loughlin, Re Judicial Review QBNI 21-Apr-2015
. .
Lists of cited by and citing cases may be incomplete.
Updated: 14 September 2022; Ref: scu.260056
Lenient sentences do no favour to a Defendant: 2 years was imposed for an attempt to pervert course of justice.
Times 13-Jul-1995
England and Wales
Updated: 13 September 2022; Ref: scu.87342
A sentence for rape is not to be reduced because the victim is a prostitute; her trauma is no less.
Times 27-Jan-1997
England and Wales
Updated: 13 September 2022; Ref: scu.88007
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 alcohol should understand that in bad cases they will lose their liberty for upwards of five years and in the very worst cases, if contested, sentences will be in the higher range of those now permitted by Parliament.’ and ‘We wish to stress that human life cannot be restored, nor can its loss be measured by the length of a prison sentence. We recognise that no term of months or years imposed on the offender can reconcile the family of a diseased victim to their loss, nor will it cure their anguish.’ and ‘where a driver had driven with selfish disregard for the safety of other road users or of his passengers of with a degree of recklessness, instead of the appropriate sentence being 2 years or more, sentences of upwards of 5 years would be appropriate.’
Ind Summary 31-Jan-1994, Gazette 02-Feb-1994, Gazette 26-Jan-1994, [1994] 15 CAR (S) 640
England and Wales
Reconsidered – Regina v Boswell CACD 1984
The court gave guidelines for sentencing for the offence of causing death by reckless driving. . .
Cited – Regina v Pimm 1994
The offence of motor manslaughter is generally reserved for situations where on the facts there is a very high risk of the driving resulting in death. . .
Cited – Regina v Pettipher CACD 1989
. .
Lists of cited by and citing cases may be incomplete.
Updated: 13 September 2022; Ref: scu.88016
Where a defendant was to be re-sentenced following a breach of a probation order, the court should acknowledge that time spent in custody awaiting the hearing would not be set off against the new sentence as ‘time served’. Accordingly there was a clear duty on counsel to inform the court of periods spent in custody so that the court could, if it felt appropriate, make an allowance for that period when sentencing.
Times 19-Dec-2000
England and Wales
Updated: 13 September 2022; Ref: scu.88414
Previous sexual abuse of complainant was no mitigation for sexual assault.
Times 24-Nov-1995
England and Wales
Updated: 13 September 2022; Ref: scu.86498
A court could allow for the effect on a victim of the offence, and also on the effect on the victim of the sentence. The offender’s victim was his grandmother who would be adversely affected by his imprisonment, and an alternative approach was correct.
Times 05-Apr-1999
England and Wales
Updated: 13 September 2022; Ref: scu.85299
A Home Secretary’s decision to deport a visitor with indefinite leave to stay but who had been convicted of drug trafficking, and the judge had recommended deportation, was correct having properly balanced the seriousness of the offence and compassion.
Times 29-Mar-1999
England and Wales
Updated: 13 September 2022; Ref: scu.85520
Since a victim’s statement of the effects on him of a criminal act are not tested by cross examination (and a defendant should have no opportunity to do so), a judge about to sentence should take due care before relying too easily upon such a statement.
Times 18-Mar-1999
England and Wales
Updated: 13 September 2022; Ref: scu.85290
It was a proper consideration for a court when sentencing a defendant, to consider whether a victim would genuinely suffer further distress through a longer or more severe sentence, and reduce a sentence accordingly.
Gazette 17-Mar-1999
England and Wales
Updated: 13 September 2022; Ref: scu.85298
Dyson LJ, Sweeney J, Sir Christopher Hollad
[2010] EWCA Crim 133, [2010] MHLR 70
England and Wales
Updated: 13 September 2022; Ref: scu.440347
(Southwark Crown Court)
Saunders J
[2011] EW Misc 7
England and Wales
Updated: 13 September 2022; Ref: scu.440250
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.
C-1/10, [2011] EUECJ C-1/10
England and Wales
Updated: 12 September 2022; Ref: scu.439755
[2011] EWCA Crim 642
England and Wales
Updated: 08 September 2022; Ref: scu.434850
The defendant sought leave to appeal against sentence. He had been imprisoned after conviction for false accounting as to his expenses claims whilst serving as a Member of Parliament.
Lorde Judge LCJ, Henriques, Foskett JJ
[2011] EWCA Crim 929
England and Wales
Updated: 08 September 2022; Ref: scu.434852
Imposition of sentence on conviction for murder and causing grievous bodily harm.
[2011] NICC 13
Northern Ireland
Updated: 04 September 2022; Ref: scu.431600
The claimant challenged a decision authorising detention of a sum of cash, saying that the application had been made out of time.
Pill LJ, Supperstone J
[2011] EWHC 705 (Admin)
Proceeds of Crime Act 2002 295(2)
England and Wales
Updated: 04 September 2022; Ref: scu.431265
[2011] EWCA Crim 636
England and Wales
Updated: 04 September 2022; Ref: scu.431260
[2009] EWCA Crim 1555, [2010] 1 Cr App Rep (S) 65
England and Wales
Updated: 04 September 2022; Ref: scu.430800
Bean J
[2011] EWHC B6 (Admin)
England and Wales
Updated: 03 September 2022; Ref: scu.430650
Appeal from sentence of three years for two counts of theft from elderly patients while working in a care home.
Held: Reduced to two years and three months.
[2010] EWCA Crim 193, [2010] 2 Cr App Rep (S) 71
England and Wales
Updated: 01 September 2022; Ref: scu.428652
Solicitor General’s appeal from sentence said to be unduly lenient. Wounding with intent, five years’ imprisonment increased to eight years.
Lord Judge LCJ
[2010] EWCA Crim 352, [2010] 2 Cr App Rep (S) 80
England and Wales
Updated: 01 September 2022; Ref: scu.428653
Two appeals raising questions as to the appropriate level of sentencing when a prison officer or prison employee is corrupted by an inmate and so persuaded to break prison rules relating to security or to introduce drugs, telephones or other prohibited items into a prison.
[2010] EWCA Crim 249, [2010] 2 Cr App Rep (S) 82
England and Wales
Updated: 01 September 2022; Ref: scu.428654
Appeal from sentence for causing death by careless driving.
Held: One year sentence substituted.
[2010] EWCA Crim 205, [2010] 2 Cr App Rep (S) 70
England and Wales
Updated: 01 September 2022; Ref: scu.428649
[2010] EWCA Crim 365, [2010] 2 Cr App Rep (S) 70
England and Wales
Updated: 01 September 2022; Ref: scu.428648
[2010] EWCA Crim 107, [2010] RTR 23
England and Wales
Updated: 01 September 2022; Ref: scu.428643
[2011] EWCA Crim 146, [2011] 1 Cr App Rep 37, [2011] Lloyd’s Rep FC 316
Proceeds of Crime Act 2002 328
England and Wales
Updated: 01 September 2022; Ref: scu.428636
Appeal from life term (minimum seven years) for robberies and conspiracies to rob.
Held: These were professionally planned commercial armed robberies. Concurrent sentences of imprisonment for public protection substituted: ‘The appellant in this case was involved in seven professionally planned armed robberies and one attempted robbery which only failed because of intervention by the police. They were all committed for high monetary gain. In our judgment the minimum period specified was entirely appropriate and not in any way excessive.’
[2010] EWCA Crim 237, [2010] 2 Cr App Rep (S) 84
England and Wales
Updated: 01 September 2022; Ref: scu.428651
The defendant appealed a two year conditional sentence imposed after conviction for common assault.
[2007] EWCA Crim 2624
England and Wales
Updated: 01 September 2022; Ref: scu.428556
[2011] EWHC 65 (Admin)
England and Wales
Updated: 01 September 2022; Ref: scu.428192
[2008] EWCA Crim 3188, [2009] 2 Cr App Rep (S) 48
England and Wales
Updated: 01 September 2022; Ref: scu.375562
Applications for leave to appeal against sentence – whether the extended sentences had been unlawful.
[2010] EWCA Crim 2848, [2011] 2 Cr App R (S) 30, [2011] Crim LR 253, [2012] 1 WLR 17
England and Wales
Updated: 31 August 2022; Ref: scu.427991
The appellant, faced two indictments alleging that she had perverted the course of public justice. The Offences alleged were identical, but mutually contradictory. One alleged that she had made and pursued false allegations of rape against her husband. The other that she had made and pursued a false retraction of these allegations. She pleaded not guilty to the first indictment and guilty to the second. The Crown offered no evidence on the first indictment. She was therefore acquitted by order of the judge and a not guilty verdict was entered. She now appealed against as sentence of 8 months imprisonment.
Held: ‘Of course it is better for a truthful complaint to be pursued, but if the proposal that it should be withdrawn is not accepted, leading to a positive retraction and admission that the original truthful complaint was untrue, and the complainant is then prosecuted to conviction, the sentencing court, when assessing culpability, should recognise and allow for the pressures to which the truthful complainant in such a relationship has been exposed, and should be guided by a broad measure of compassion for a woman who has already been victimised.
This is an exceptional case. We hope that it will be very exceptional for cases of this kind to be prosecuted to conviction in the Crown Court. The sentence for perverting the course of justice normally is, and will normally continue to be, a custodial sentence. That is a requirement of the administration of justice and, where possible, the reduction of crime. But this was not such a case. We have come to the conclusion that the appropriate sentence in this case is a community sentence with a supervision order for a period of two years.’
Lord Judge LCJ
[2010] EWCA Crim 2913
England and Wales
Updated: 31 August 2022; Ref: scu.427985
Langstaff J
[2010] EWHC 3412 (Admin)
Magistrates’ Courts Act 1980 24(1), Powers of the Criminal Courts Sentencing Act 2000
England and Wales
Updated: 31 August 2022; Ref: scu.427935
The defendant environmental protesters had been convicted of obstructing a railway. They now appealed against the terms of a restraining order made under the 1997 Act. They said that an order could not be made to protect a limited company.
Held: The appeal was allowed. Although the case law did allow such an order in the particular circumstances of this case, one was not appropriate.
[2010] EWCA Crim 2923, [2011] 1 WLR 857, [2011] Bus LR 448, [2011] Crim LR 332
Malicious Damage Act 1861 36, Protection from Harassment Act 1997 5(1)
England and Wales
Cited – Director Of Public Prosecutions v Dziurzynski Admn 28-Jun-2002
The defendant was an animal rights protester who had been convicted under section 2(2) of the 1997 Act of engaging in a course of conduct amounting to harassment of the employees of a company. The District Judge hearing the case made a restraining . .
Cited – Smithkline Beecham Plc and Others v Avery and Others (Representing Stop Huntingdon Cruelty (‘SHAC’) QBD 26-Jun-2009
GlaxoSmithKline sought an injunction to restrain unlawful conduct by way of trespass and harassment by animal rights activists done with the aim of preventing the use of animals in medical research.
Held: The court discussed whether an order . .
Lists of cited by and citing cases may be incomplete.
Updated: 31 August 2022; Ref: scu.427384
The 1994 Act leaves in place the principle of no concurrent or consecutive detention for youths.
Times 05-Sep-1995
Children and Young Persons Act 1933 54
England and Wales
Updated: 29 August 2022; Ref: scu.86968
When a court considered imposing an extended custodial sentence on a prisoner in relation to an offence committed whilst on release, it must do so by reference to the offence at issue. The ordering of the court that the defendant serve any further period of the previous sentence was to be ignored in checking the application of section 85(3). The 85(5) maximum was not from when the base licence period would otherwise cease until the expiry of the maximum, but the aggregate of the custodial term per 85(2)(a) and the extension period under 82(5)(b) It was that aggregate which was not to exceed the maximum term for the offence.
Times 14-Mar-2001
Powers of Criminal Courts (Sentencing) Act 2000 85
England and Wales
Updated: 29 August 2022; Ref: scu.88526
[2010] EWCA Crim 2900
England and Wales
Updated: 28 August 2022; Ref: scu.427193
The defendanat appealed against sentences totalling 11 years for two offences of attempted arson with intent to endanger life.
Sir Anthony May P QBD, Foskett, Davies DBE JJ
[2010] EWCA Crim 536, [2010] 2 Cr App Rep (S) 92
England and Wales
Updated: 28 August 2022; Ref: scu.427180
The defendant sought judicial review of an order made for his imprisonment for failure to pay sums due under a confiscation order.
Richards LJ, Cranston J
[2010] EWHC 2969 (Admin)
England and Wales
Updated: 28 August 2022; Ref: scu.426734
Appeal from sentence for possession of false identity documents
[2010] EWCA Crim 2533
England and Wales
Updated: 27 August 2022; Ref: scu.426487
[2009] EWCA Crim 2125
England and Wales
Updated: 24 August 2022; Ref: scu.424442
[2009] EWCA Crim 2561
England and Wales
Updated: 24 August 2022; Ref: scu.424438
Burnett J
[2010] EWHC 1996 (QB)
England and Wales
Updated: 22 August 2022; Ref: scu.421265
[2010] EWHC 1880 (QB)
England and Wales
Updated: 22 August 2022; Ref: scu.421264
[2010] EWHC 1879 (QB)
England and Wales
Updated: 22 August 2022; Ref: scu.421254
[2010] EWHC 1881 (QB)
England and Wales
Updated: 22 August 2022; Ref: scu.421257
[2010] EWHC 1777 (QB)
England and Wales
Updated: 21 August 2022; Ref: scu.420958
[2010] EWHC 1657 (QB)
England and Wales
Updated: 21 August 2022; Ref: scu.420954
[2010] EWHC 1775 (QB)
England and Wales
Updated: 21 August 2022; Ref: scu.420953
[2010] EWHC 1776 (QB)
England and Wales
Updated: 21 August 2022; Ref: scu.420955
[2009] EWCA Crim 1143
England and Wales
Updated: 19 August 2022; Ref: scu.416358