Regina v Pearce: CACD 22 Feb 1996

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.

Citations:

Gazette 03-Apr-1996, Times 22-Feb-1996

Statutes:

Misuse of Drugs Act 1971 27

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 08 October 2022; Ref: scu.87538

Regina v Latif, Regina v Shahzad: CACD 17 Mar 1994

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.

Citations:

Times 17-Mar-1994, Gazette 11-May-1994, (1994) 15 Cr App R (S) 864

Statutes:

Customs and Excise Management Act 1979 170(2)

Jurisdiction:

England and Wales

Cited by:

Appeal fromRegina 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 . .
CitedRegina 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. . .
CitedRegina 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.

Criminal Sentencing, Crime

Updated: 08 October 2022; Ref: scu.87121

Regina v Hastings: CACD 5 May 1995

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.

Citations:

Ind Summary 12-Jun-1995, Times 05-May-1995

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 08 October 2022; Ref: scu.86825

Regina v Bernard: CACD 2 Jul 1996

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

Judges:

Rose LJ

Citations:

Times 02-Jul-1996, [1997] 1 Cr App R (S) 135

Statutes:

European Convention on Human Rights 3

Jurisdiction:

England and Wales

Cited by:

CitedHall 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 . .
CitedRegina 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 . .
CitedRegina 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.

Criminal Sentencing, Human Rights

Updated: 08 October 2022; Ref: scu.86118

Regina v Beswick: CACD 10 Oct 1995

A Judge can refuse to accept an unjustified agreement between the prosecution and defence as to the facts which form the basis on which the defendant is to be sentenced. The court gave general guidance on the basis of sentence after a guilty plea.

Citations:

Ind Summary 23-Oct-1995, Times 10-Oct-1995, [1996] 1 CAR(s) 427

Jurisdiction:

England and Wales

Cited by:

CitedRegina 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.

Criminal Sentencing

Updated: 08 October 2022; Ref: scu.86123

Bradshaw and Roberts v The Attorney General, Superintendent of Glendairy Prison And, The Chief Marshall: PC 24 May 1995

(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)

Citations:

Times 01-Jun-1995, Gazette 21-Jun-1995, [1995] UKPC 21

Links:

Bailii

Jurisdiction:

Commonwealth

Human Rights, Criminal Sentencing

Updated: 17 September 2022; Ref: scu.442327

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 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.’

Judges:

Lady Hale, Lord Kerr, Lord Wilson, Lord Carnwath, Lord Hughes

Citations:

[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

Links:

Bailii, Bailii Summary, Supreme Court Summay, SC, SC Sgummary Video, SC Video 20170620 am, SC Video 20170620 Pm, WLRD

Statutes:

Serious Organised Crime and Police Act 2005

Jurisdiction:

Northern Ireland

Citing:

Appeal fromLoughlin, Re Judicial Review QBNI 21-Apr-2015
. .
CitedRegina 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 . .
CitedRegina 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 . .
CitedPolice 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 . .
CitedCourtney, Regina v CANI 26-Jan-2007
Application for leave to appeal against a ruling of no case to answer. . .
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 . .
CitedRegina 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 . .
CitedMohit 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. . .
CitedSharma 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 . .
CitedMooney, Re Judicial Review QBNI 8-Apr-2014
. .
CitedKincaid, 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. . .
CitedMcCabe, Re Judicial Review QBNI 27-Apr-2010
. .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Criminal Practice

Updated: 15 September 2022; Ref: scu.597259

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 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.’

Judges:

President of the Queen’s Bench Division

Citations:

[2007] EWCA Crim 2290, [2008] 2 All ER 684, [2008] 2 Cr App R (S) 5

Links:

Bailii

Statutes:

Serious Organised Crime and Police Act 2005 71 72 73 74 75

Jurisdiction:

England and Wales

Citing:

CitedRegina 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 . .
CitedRegina 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. . .
CitedRegina 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. . .
CitedA 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 . .
CitedRegina 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 by:

CitedMcKinnon 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 . .
CitedBarker, 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 . .
CitedRegina 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 . .
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 . .
CitedLoughlin, 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 . .
ExplainedLoughlin, Re Judicial Review QBNI 21-Apr-2015
. .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 14 September 2022; Ref: scu.260056

Regina 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 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.’

Citations:

Ind Summary 31-Jan-1994, Gazette 02-Feb-1994, Gazette 26-Jan-1994, [1994] 15 CAR (S) 640

Jurisdiction:

England and Wales

Citing:

ReconsideredRegina v Boswell CACD 1984
The court gave guidelines for sentencing for the offence of causing death by reckless driving. . .
CitedRegina 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. . .
CitedRegina v Pettipher CACD 1989
. .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Criminal Sentencing

Updated: 13 September 2022; Ref: scu.88016

Regina v Clarke (Jeremy Patrick): CACD 19 Dec 2000

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.

Citations:

Times 19-Dec-2000

Statutes:

Criminal Justice Act 1967

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 13 September 2022; Ref: scu.88414

Regina v Hayes: CACD 5 Apr 1999

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.

Citations:

Times 05-Apr-1999

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 13 September 2022; Ref: scu.85299

Regina v Secretary of State for the Home Department Ex Parte Dinc: CACD 29 Mar 1999

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.

Citations:

Times 29-Mar-1999

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 13 September 2022; Ref: scu.85520

Regina v H (Indecent Assault): CACD 18 Mar 1999

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.

Citations:

Times 18-Mar-1999

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 13 September 2022; Ref: scu.85290

Regina v Hayes: CACD 17 Mar 1999

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.

Citations:

Gazette 17-Mar-1999

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 13 September 2022; Ref: scu.85298

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-1/10, [2011] EUECJ C-1/10

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 12 September 2022; Ref: scu.439755

Regina v Chaytor: CACD 23 Mar 2011

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.

Judges:

Lorde Judge LCJ, Henriques, Foskett JJ

Citations:

[2011] EWCA Crim 929

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 08 September 2022; Ref: scu.434852

Iqbal v South Bedfordshire Magistrates Court: Admn 23 Feb 2011

The claimant challenged a decision authorising detention of a sum of cash, saying that the application had been made out of time.

Judges:

Pill LJ, Supperstone J

Citations:

[2011] EWHC 705 (Admin)

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002 295(2)

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 04 September 2022; Ref: scu.431265

McDade, Regina v: CACD 10 Feb 2010

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.

Citations:

[2010] EWCA Crim 249, [2010] 2 Cr App Rep (S) 82

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 01 September 2022; Ref: scu.428654

Knight, Regina v: CACD 11 Feb 2010

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.’

Citations:

[2010] EWCA Crim 237, [2010] 2 Cr App Rep (S) 84

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 01 September 2022; Ref: scu.428651

A, Regina v: CACD 23 Nov 2010

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.’

Judges:

Lord Judge LCJ

Citations:

[2010] EWCA Crim 2913

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 31 August 2022; Ref: scu.427985

Buxton and Others, Regina v: CACD 1 Dec 2010

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.

Citations:

[2010] EWCA Crim 2923, [2011] 1 WLR 857, [2011] Bus LR 448, [2011] Crim LR 332

Links:

Bailii

Statutes:

Malicious Damage Act 1861 36, Protection from Harassment Act 1997 5(1)

Jurisdiction:

England and Wales

Citing:

CitedDirector 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 . .
CitedSmithkline 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.

Criminal Sentencing

Updated: 31 August 2022; Ref: scu.427384

Regina v Langstone: CACD 14 Mar 2001

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.

Citations:

Times 14-Mar-2001

Statutes:

Powers of Criminal Courts (Sentencing) Act 2000 85

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 29 August 2022; Ref: scu.88526

Ajmal, Regina v: CACD 24 Feb 2010

The defendanat appealed against sentences totalling 11 years for two offences of attempted arson with intent to endanger life.

Judges:

Sir Anthony May P QBD, Foskett, Davies DBE JJ

Citations:

[2010] EWCA Crim 536, [2010] 2 Cr App Rep (S) 92

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 28 August 2022; Ref: scu.427180