Tag: Criminal Sentencing

Muhammed v Regina: CACD 19 Feb 2010

The defendant appealed against his conviction for possessing an article for a purpose connected with terrorism and making a record of information likely to be useful in terrorism. He now appealed against the latter conviction. He had been found to have very large quantities of such electronic materials.
Held: The appeal failed. The definition of such material had not been too wide. However the appeal against sentence succeeded.

Judges:

Hooper LJ, Wyn Williams J, Warwick McKinnon HHJ

Citations:

[2010] EWCA Crim 227, [2010] 3 All ER 759

Links:

Bailii

Statutes:

Terrorism Act 2000

Jurisdiction:

England and Wales

Crime, Criminal Sentencing

Updated: 14 August 2022; Ref: scu.401803

Abbott v The Attorney General of Trinidad and Tobago and Others: PC 12 Jun 1979

Trinidad and Tobago

Citations:

[1979] UKPC 15, [1979] 1 WLR 1342

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Abbott v The Queen PC 20-Jul-1976
The appellant was charged as a principal in the first degree, and the issue was whether the defence of duress was available. The Board considered the availability of duress as a defence to a criminal charge.
Held: The defence was not open to . .

Cited by:

Cited – Elgizouli v Secretary of State for The Home Department SC 25-Mar-2020
Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Prisons

Updated: 07 August 2022; Ref: scu.443387

Lincoln Anthony Guerra v Cipriani Baptiste and others (No 2): PC 6 Nov 1995

(Trinidad and Tobago) The execution of a prisoner after a substantial delay of 5 years was a breach of his constitutional rights, constituting cruel and unusual punishment.

Citations:

Times 08-Nov-1995, Independent 15-Nov-1995, [1995] UKPC 3, Appeal No 11 of 1995, [1996] 1 AC 397

Links:

Bailii, PC

Jurisdiction:

England and Wales

Citing:

Cited – Pratt and Morgan v The Attorney General for Jamaica and Another PC 2-Nov-1993
(Jamaica) A five year delay in execution is excessive, and can itself amount to inhuman or degrading punishment. ‘There is an instinctive revulsion against the prospect of hanging a man after he has been held under sentence of death for many years. . .
See Also – Lincoln Anthony Guerra and Another v Cipriani Baptiste and others PC 29-Jul-1994
(Trinidad and Tobago) A conservatory order could be made by the committee in order to prevent a prisoner being executed before his appeal could be heard by them. . .

Cited by:

Cited – Trevor Nathaniel Fisher v The Minister of Public Safety and Immigration and Others PC 16-Dec-1997
(The Bahamas) The extent of a delay before a trial is not relevant when considering whether a subsequent delay in carrying out an execution is cruel and inhuman punishment . .
Cited – Reyes v The Queen PC 11-Mar-2002
(Belize) The Criminal Code of Belize provided that any murder by shooting was to be treated as Class A Murder, and be subject to the mandatory death penalty. The applicant having been convicted, appealed saying this was inhuman or degrading . .
Cited – Elgizouli v Secretary of State for The Home Department SC 25-Mar-2020
Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Sentencing, Constitutional

Updated: 07 August 2022; Ref: scu.81077

Lincoln Anthony Guerra and Another v Cipriani Baptiste and others: PC 29 Jul 1994

(Trinidad and Tobago) A conservatory order could be made by the committee in order to prevent a prisoner being executed before his appeal could be heard by them.

Citations:

Independent 29-Sep-1994, Times 29-Jul-1994

Links:

PC

Jurisdiction:

England and Wales

Cited by:

See Also – Lincoln Anthony Guerra v Cipriani Baptiste and others (No 2) PC 6-Nov-1995
(Trinidad and Tobago) The execution of a prisoner after a substantial delay of 5 years was a breach of his constitutional rights, constituting cruel and unusual punishment. . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Sentencing

Updated: 07 August 2022; Ref: scu.81074

Regina v Secretary of State for the Home Department ex parte Probyn: QBD 30 Oct 1997

The question of whether a prisoner is serving a long or short term prison sentence is to be determined by the sentence imposed by the court, and not by not the time expected actually to be served.

Citations:

Times 30-Oct-1997

Statutes:

Criminal Justice Act 1991 67(4)

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 06 August 2022; Ref: scu.87900

Regina v J: CACD 10 Sep 2009

The defendant sought leave to appeal against sentence for sexual assaults on young girls. He had been 14 at the time.
Held: There was force in the submission that the 8 year sentence, which would be equivalent to a sentence of 12 years for an adult was simply excessive on a fourteen year old. Sentence reduced to six years.

Judges:

Elias LJ, Simon, Coulson JJ

Citations:

[2009] EWCA Crim 2108, [2010] 1 Cr App R (S) 89

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 05 August 2022; Ref: scu.426498

Regina v Ganley: CACD 7 Jun 2000

When a youth was to be sentenced to a detention training order, time spent in custody on remand could not be automatically deducted. It was therefore necessary for the sentencing judge if appropriate to adjust the sentence himself, and to make it clear that he was doing so.

Citations:

Times 07-Jun-2000

Statutes:

Youth Justice and Criminal Evidence Act 1999

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 05 August 2022; Ref: scu.88467

Regina v Eskdale: CACD 21 Jun 2001

The defendant had made some 1000 obscene and threatening telephone calls to women over a two week period. Whilst not mentally ill, the probation report indicated that he was a serious risk to the public, and he was suffering profound problems of sexual deviancy. The sentence of nine years for public nuisance was very severe but was not so manifestly excessive as to require it to be reduced on appeal.

Citations:

Times 21-Jun-2001, [2001] EWCA Crim 1159, [2002] 1 Cr App R(S) 118

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Rimmington; Regina v Goldstein HL 21-Jul-2005
Common Law – Public Nuisance – Extent
The House considered the elements of the common law offence of public nuisance. One defendant faced accusations of having sent racially offensive materials to individuals. The second was accused of sending an envelope including salt to a friend as a . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 05 August 2022; Ref: scu.88447

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 order against him.
Held: The court rejected the appellant’s primary ground (the appellant being the Director of Public Prosecutions in that case) that the District Judge should have allowed the case to proceed beyond the close of the prosecution case. Having disposed of the appeal the court continued to discuss other grounds finding that the Act was aimed at the protection solely of individuals and that therefore corporate persons could not be the victims of harassment and be granted the person protected by a restraining order: ‘I accept of course that the word ‘person’, unless the contrary intention is shown, is, as Mr Hatton on behalf of the Crown submits, to be understood, by virtue of the Interpretation Act 1978, as including a body of persons corporate or incorporate. But that said, it seems to me that the legislative history to which, in my view, reference can properly be made when construing what is meant by the word ‘person’ in section 1 of the Act, points against person here meaning a corporation. It is to my mind also significant that in section 4(1) the word ‘him’ is used, and in section 5(2) the word ‘victim’ is used.’

Judges:

Rose LJ, Gibbs J

Citations:

[2002] EWHC 1380 (Admin), (2002) 166 JP 545

Links:

Bailii

Statutes:

Protection from Harassment Act 1997 2(2), Interpretation Act 1978

Jurisdiction:

England and Wales

Cited by:

Cited – 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.
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 30 July 2022; Ref: scu.347797

Commissioner of Police for The Metropolis v Central Criminal Court and Another: Admn 15 Jan 2013

Application for judicial review, with permission directed to a decision made at the Central Criminal Court lifting the notification requirements imposed on the interested party pursuant to Sections 81 and 82 of the Sexual Offences Act 2003.

Judges:

Laws LJ, Hickinbottom J

Citations:

[2013] EWHC 179 (Admin)

Links:

Bailii

Statutes:

Sexual Offences Act 2003 81 82

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 28 July 2022; Ref: scu.471016

Lewis, Taylor and Mcleod, Brown, Taylor and Shaw v the Attorney General of Jamaica and Another: PC 12 Sep 2000

(Jamaica) When the Privy Council considered a petition for mercy by a person sentenced to death, it could not revisit the decision, but could look only at the procedural fairness of the system. The system should allow properly for representations, and the necessary disclosures to be made. Such a petition should be the last step in the process, and should not be complete until other international bodies had considered applications to them. In this case also the extent of delay was sufficient to constitute unusual and inhuman treatment. The constitutional guarantee of ‘due process of law’ and the right to ‘the protection of the law’ are equivalent.
Dissenting, Lord Hoffmann drew attention to the evils which would follow if the power to overrule previous decisions of the Privy Council were exercised too readily.

Citations:

Times 11-Oct-2000, [2000] UKPC 35, [2001] 2 AC 50, [2000] 3 WLR 1785

Links:

Bailii, PC

Jurisdiction:

England and Wales

Citing:

Cited – Kanda v Government of the Federation of Malaya PC 2-Apr-1962
A police Inspector had been dismissed on a finding of an offence against discipline. . He complained that he had not been allowed to see the report of the Board of Inquiry which contained prejudicial material and which had been relied upon by the . .
Cited – Mitchell v WT Grant Company 13-May-1974
(Supreme Court of the USA) Stewart J said: ‘A basic change in the law upon a ground no firmer than a change in our membership invites the popular misconception that this institution is little different from the two political branches of the . .
Cited – Planned Parenthood of Southeastern Pennsylvania v Casey 29-Jun-1992
(Supreme Court of the USA) The Court discussed the grounds upon which it would depart from precedent and why it would not overrule its equally controversial decision on abortion in Roe v. Wade.
Held: ‘no judicial system could do society’s work . .

Cited by:

Cited – Haroon Khan v The State PC 20-Nov-2003
PC (Trinidad and Tobago) The appellant had been convicted of felony murder. He was one of four engaged in a robbery, where the victim received fatal injuries.
Held: The felony murder rule had been . .
Cited – In re McKerr (Northern Ireland) HL 11-Mar-2004
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .
Cited – Her Majesty’s Attorney General for Gibraltar v Shimidzu (Berllaque, Intervenor) PC 28-Jun-2005
(Gibraltar) The appellants sought to argue that the failure to allow an acquitted defendant any possible order for costs was a breach of the Constitution.
Held: Section 8 of the Constitution, like its analogue article 6 of the European . .
Cited – Purdy, Regina (on the Application of) v Director of Public Prosecutions HL 30-Jul-2009
Need for Certainty in Scope of Offence
The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the . .
Cited – Regina v Kansal (2) HL 29-Nov-2001
The prosecutor had lead and relied at trial on evidence obtained by compulsory questioning under the 1986 Act.
Held: In doing so the prosecutor was acting to give effect to section 433.
The decision in Lambert to disallow retrospective . .
Cited – Miller, Regina (On the Application Of) v The Prime Minister QBD 11-Sep-2019
Prorogation request was non-justiciable
The claimant sought to challenge the prorogation of Parliament by the Queen at the request of the respondent.
Held: The claim failed: ‘the decision of the Prime Minister to advise Her Majesty the Queen to prorogue Parliament is not justiciable . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Natural Justice, Commonwealth, Constitutional

Updated: 25 July 2022; Ref: scu.159423

Attorney-General’s Reference (No 44 of 2000); Regina v Peverett: CACD 25 Oct 2000

Where a defendant had taken steps in a trial to his detriment which he would not otherwise have taken, in reliance upon representations made to him by the prosecutors, whether CPS or otherwise, it was not open to the crown to resile from that promise after the defendant had so acted, by, for example, pleading guilty, and an appeal court would have to honour the representation made.

Citations:

Times 25-Oct-2000

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 25 July 2022; Ref: scu.78013

Clarke, Regina v: CACD 14 May 2009

The defendant appealed against his sentence for causing death by dangerous driving. He had suffered a hypoglycemic attack, but had not stopped. Expert evidence that he may not have been aware of the attack appeared to have been rejected by the jury.
Held: The highly exceptional circumstances of this case reduce the Appellant’s culpability to an extent which brings the offence significantly below the sentencing range which would normally apply in a case of driving whilst conscious of a significant medical impairment.

Citations:

[2009] EWCA Crim 921, [2009] RTR 32

Links:

Bailii

Criminal Sentencing, Road Traffic

Updated: 25 July 2022; Ref: scu.343900

Smale, 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.

Judges:

Toulson LJ, Royce J, Baker QC HHJ

Citations:

[2008] EWCA Crim 1235, [2009] 1 Cr App Rep (S) 25

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002

Jurisdiction:

England and Wales

Citing:

Cited – 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. . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 24 July 2022; Ref: scu.343021

Scottish Ministers v Stirton and Another: SCS 30 Apr 2009

Citations:

[2009] ScotCS CSOH – 61

Links:

Bailii

Jurisdiction:

Scotland

Citing:

See Also – Scottish Ministers v Stirton and Another SCS 5-Feb-2008
Application for an interim administration order in terms of the Proceeds of Crime Act 2002 and for warrant for inhibition and arrestment . .

Cited by:

See Also – The Scottish Ministers v Stirton SCS 24-Jan-2012
. .
See Also – Scottish Ministers, Re Stirton and Another SCS 17-Oct-2012
. .
See Also – The Scottish Ministers v Stirton and Another SCS 11-Oct-2013
. .
See Also – The Scottish Ministers v Stirton and Another SCS 7-Nov-2014
These proceedings concern the civil recovery of the proceeds of unlawful conduct, notably money laundering, extortion and mortgage fraud, in terms of section 266 of the Proceeds of Crime Act 2002. The reclaimer contended that the crown had not had . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 24 July 2022; Ref: scu.341809

Regina v Inner London Crown Court Ex Parte Barnes (Anthony): QBD 7 Aug 1995

A youth’s name is not to be publicised merely to attract publicity to other points which the judge wishes to make.

Citations:

Times 07-Aug-1995, Ind Summary 11-Sep-1995

Statutes:

Children and Young Persons Act 1963 39

Jurisdiction:

England and Wales

Criminal Practice, Criminal Sentencing

Updated: 23 July 2022; Ref: scu.86944

Davison, Regina v: CACD 3 Nov 2008

The length of a community order should not be determined by the length of time required to complete an associated task.

Judges:

Lord Justice Moses, Mr Justice Burnett and Judge Morris, QC

Citations:

[2008] EWCA Crim 2795, Times 05-Dec-2008

Links:

Bailii

Statutes:

Criminal Justice Act 2003 177(5)

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 22 July 2022; Ref: scu.280029

Regina v Bonellie; Regina v Hughes,; Regina v Miller: CACD 17 Jun 2008

The defendants appealed against the minimum term set for murder, with minimum tariffs calculated having started at 30 years. The terms had been set on the basis that the murder had been sadistic.
Held: The appeals were successful. The deceased had been systematically attacked, tormented and finally beaten to death. To count as sadistic under the 2003 Act, the court asked whether it fell within a definition as ‘enthusiasm for inflicting pain, suffering, or humiliation on others’. It was a commonplace that an attacker would often enjoy what he was doing but to count as sadistic, the behaviour had to go further. Appalling as this case was, it fell short of that standard. The sentences were reduced accordingly.

Judges:

Lord Phillips of Worth Matravers, Lord Chief Justice, Mr Justice Goldring and Mr Justice Plender

Citations:

Times 15-Jul-2008

Statutes:

Criminal Justice Act 2003 Sch 21 5(2)(e)

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 21 July 2022; Ref: scu.278641

Minshall v Marylebone Magistrates’ Court and others: Admn 21 Nov 2008

Claim for judicial review of a decision of Marylebone Magistrates’ Court refusing to order the stay of enforcement of a confiscation order against the claimant and ordering the enforcement proceedings to continue.

Judges:

Pitchford J

Citations:

[2008] EWHC 2800 (Admin), [2009] Lloyd’s Rep FC 178, [2009] 2 All ER 806, [2010] 1 WLR 590

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 19 July 2022; Ref: scu.278217

Sherif and Others, Regina v: CACD 21 Nov 2008

The defendants sought to appeal against their sentences for withholding information about terrorism.
Held: The factor determing the sentence was not principally the extent of the information which might have been provided, but rather the seriousness of the terrorist activity. Time which had been spent awaiting trial subject to a curfew enforced by means of an electronic tag was to be given credit against time to be served at the rate of one day’s custody for each two day period of curfew.

Judges:

Lord Justice Latham, Mr Justice Openshaw and Mr Justice Burnett

Citations:

[2008] EWCA Crim 2653

Links:

Bailii, Times

Statutes:

Criminal Justice Act 2003 240A, Terrorism Act 2000 38B(2)

Jurisdiction:

England and Wales

Cited by:

Cited – Girma and Others, Regina v (Rev 1) CACD 15-May-2009
The court asked whether the conviction of a co-defendant was correctly admitted as evidence against her co-accused, and if not what was the effect on the fairness of the trial.
Held: The plea of the co-defendant should not have been admitted. . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 19 July 2022; Ref: scu.278212

Islam, Regina v: CACD 31 Jul 2008

Judges:

Lord Justice Toulson, Mr Justice Jack and Judge Michael Mettyear

Citations:

[2008] EWCA Crim 1740

Links:

Bailii

Statutes:

Customs and Excise Management Act 1979 170(2), Proceeds of Crime Act 2002 79

Jurisdiction:

England and Wales

Cited by:

Appeal from – Islam, 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: 18 July 2022; Ref: scu.272285

Scottish Ministers v Stirton and Another: SCS 5 Feb 2008

Application for an interim administration order in terms of the Proceeds of Crime Act 2002 and for warrant for inhibition and arrestment

Citations:

[2008] ScotCS CSOH – 20

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002

Jurisdiction:

Scotland

Cited by:

See Also – Scottish Ministers v Stirton and Another SCS 30-Apr-2009
. .
See Also – The Scottish Ministers v Stirton SCS 24-Jan-2012
. .
See Also – Scottish Ministers, Re Stirton and Another SCS 17-Oct-2012
. .
See Also – The Scottish Ministers v Stirton and Another SCS 11-Oct-2013
. .
See Also – The Scottish Ministers v Stirton and Another SCS 7-Nov-2014
These proceedings concern the civil recovery of the proceeds of unlawful conduct, notably money laundering, extortion and mortgage fraud, in terms of section 266 of the Proceeds of Crime Act 2002. The reclaimer contended that the crown had not had . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 15 July 2022; Ref: scu.268154

Noone, Regina (on the Application of) v HMP Drake Hall and Another: Admn 31 Jan 2008

The court considered the complications created when the schemes for providing early release of short term prisoners had not been implemented, but the new Act impacted in the previous arrangements anyway as regards those sentenced to consecutive sentences for less and more than 12 months. The Secretary of State had issue a policy guidance which set out how the calculations of the release date should be made.
Held: The scheme brought in by 2005 Regulations was unlawful, being a policy decision, and: ‘It is simply unacceptable in a society governed by the rule of law for it to be well nigh impossible to discern from statutory provisions what a sentence means in practice. That is the effect here.’
Mitting J said: ‘The only policy capable of giving effect to the policy of the 2003 Act and to the rational expectations of prisoners dealt with under both Acts is to ensure that they are not disadvantaged in relation to Home Detention Curfew, but are subject to the maximum period of licence on release which can lawfully be imposed.’ The one implemented was not such a policy.

Judges:

Mitting J

Citations:

[2008] EWHC 207 (Admin), [2008] ACD 43

Links:

Bailii

Statutes:

Criminal Justice Act 2003 174(1)(b)(i), Criminal Justice Act 2003
(Commencement No 8 and Transitional and Savings Provisions) Order 2005

Jurisdiction:

England and Wales

Citing:

Cited – Highton, Regina (on the Application of) v Her Majesty’s Youth Offender Institute Lancaster Farms and Another Admn 17-Apr-2007
Challenge to calculation of servable sentence term. . .

Cited by:

At First Instance – Noone, Regina (on The Application of) v Governor of HMP Drake Hall and Another SC 30-Jun-2010
The prisoner had been sentenced to consecutive terms of imprisonment, one for less, and one for more than 12 months. She disputed the date on which she should be released to home detention under curfew under the Guidance issued by the Secretary of . .
Appeal From – Noone, Regina (on the Application of) v HMP Drake Hall and Another CA 17-Oct-2008
The prisoner disputed the calculation of the date when she would become entitled to consideration for early release under a Home Detention Curfew. The Secretary of State appealed against a decision that his policy guidance was unlawful.
Held: . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Prisons

Updated: 13 July 2022; Ref: scu.264522

Edwards v Regina: CACD 30 Nov 2004

The defendant appealed from a confiscation order. He was stopped attempting to import substantial quantities of tobacco. He said that since it had been taken at the port, he had not derived an benefit so as to allow an order.
Held: The appeal failed. Once a person has evaded the payment of duty he has thereby deferred the liability to pay and has obtained a pecuniary advantage which amounts to a benefit within the meaning of the CJA. The legal consequences of an act of evasion are not affected by the exact time and place when the evasion is discovered and the goods are confiscated.

Judges:

Mance LJ, Fulford, Newman JJ

Citations:

[2004] EWCA Crim 2923, [2005] 2 Cr App R (S) 29

Links:

Bailii

Statutes:

Criminal Justice Act 1988 75

Jurisdiction:

England and Wales

Cited by:

Cited – Harvey, Regina v SC 16-Dec-2015
Police had discovered quantities of stolen goods at the appellant’s business premises. He was convicted of receiving stolen goods, and confiscation order made. He now appealed from the inclusion in that order of sums of VAT which had already been . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 12 July 2022; Ref: scu.263596

Attorney General Reference No 4 of 2004; Re Green: CACD 4 May 2004

A-G’s appeal from unduly lenient sentence of 4 years for offences of aggravated burglary and two counts of robbery.
Held: Granted. 6 years substituted.

Citations:

[2004] EWCA Crim 1197

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Application for leave – Attorney General’s Reference (No 4 of 2004) CACD 22-Apr-2005
The defendant was accused of having racially abused the complainant by referring to him as an ‘immigrant doctor’ before the assault. The trial judge had held that the word ‘immigrant’ was so wide in its possible application as not to be capable of . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 12 July 2022; Ref: scu.263563

Attorney General’s Reference No 154 of 2004; Regina v Henry: CACD 22 Feb 2005

Appeal by AG from sentences of 4.5 years for robberies.
Held: Despite the mitigation, which is clearly present and which should undoubtedly have affected the sentencing judge in this case, the minimum that one would have expected to have been an appropriate sentence in this case would have been one of eight years’ imprisonment.

Judges:

Laham LJ, Gloster, Tilling JJ

Citations:

[2005] EWCA Crim 455

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 12 July 2022; Ref: scu.260088

Jones and Others, Regina v: CACD 20 Sep 2006

Several defendants appealed their sentences after conviction for offences in connection with a political demonstration, and: ‘These cases therefore raise the issue of the propriety of a significant punishment and also of an anti-social behaviour order in respect of their demonstration against an arms fair.’ The appellants were convicted on their guilty pleas of obstructing a train contrary the 1861 Act, which carried a maximum sentence of two years’ imprisonment. One appellant received a community order which was reduced to a conditional discharge and another a suspended sentence reduced to a community order. They caused disruption and inconvenience for a total of about seven hours.
Held: The fact that this was a source of legitimate protest was important in relation to the sort of sentence which ought to have been passed.
If a criminal offence is committed in the course of a protest, a political protest, that is clearly a relevant factor in relation to the propriety of the sentence.

Citations:

[2006] EWCA Crim 2942

Links:

Bailii

Statutes:

Malicious Damage Act 1861 36

Jurisdiction:

England and Wales

Cited by:

Cited – Roberts and Others v Regina CACD 6-Dec-2018
Sentencing of Political Protesters
The defendants appealed against sentences for causing a public nuisance. They had been protesting against fracking by climbing aboard a lorry and blocking a main road for several days.
Held: The appeals from immediate custodial sentences were . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 11 July 2022; Ref: scu.247425

Regina v K: CACD 12 Apr 2002

The defendant appealed a sentence of 26 years for conspiracy to supply heroin.

Judges:

Latham LJ, Goldring J, Stokes QC J

Citations:

[2002] EWCA Crim 927

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v A and B CACD 1999
Lord Bingham CJ discussed the effect on sentence of the defendant having provided information of assistance to the police: ‘If the information given is accurate, particularised, useful in practice, and hitherto unknown to the authorities, enabling . .
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. . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 11 July 2022; Ref: scu.253704

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 quantities of weapons.
Held: The appeal faile. The appellant had decided to try and improve his position after sentence had been passed by the judge and the court could not and would not take these further texts into account.

Judges:

Thomas LJ, Aikens J, Heather Steel DBE

Citations:

[2007] EWCA Crim 1473, [2008] 1 Cr App R (S) 60

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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 – Regina v A and B CACD 1999
Lord Bingham CJ discussed the effect on sentence of the defendant having provided information of assistance to the police: ‘If the information given is accurate, particularised, useful in practice, and hitherto unknown to the authorities, enabling . .

Cited by:

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

Criminal Sentencing

Updated: 11 July 2022; Ref: scu.253662

Evans, Regina v: CACD 2 May 2007

Application for leave to appeal against sentence (6 months) for breach of an Anti-Social Behaviour Order. An 82 year old woman, she had been involved in a very long running neighbour dispute.

Judges:

Gross, Underhill JJ

Citations:

[2007] EWCA Crim 1158

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 11 July 2022; Ref: scu.252512

Attorney General’s Reference No. 8 of 2007; Regina v Krivec: CACD 2 Apr 2007

The Attorney General appealed te sentence of 12 months in a young offenders institution suspended for two years, and a 200 hour unpaid work and two year supervision. For the possession and supply of class A and class C drugs.
Held: The reference was allowed, but the sentence was not changed. Judges should not be afraid of sentences where leniency was, as in this case, justified. ‘The oath taken by a judge to administer justice without fear or favour, affection or ill ill extended to imposing what the judge concluded to be the appropriate sentence, without being deterred by the fear of an Attorney General’s reference.’ The test of intervention was not leniency, but undue leniency.

Citations:

Times 27-Apr-2007, [2007] EWCA Crim 922

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 11 July 2022; Ref: scu.251779

Regina v C, Bartley and others: CACD 22 Mar 2007

The court considered the practical difficulties which arose in imposing extended sentences with determinate sentences.
Held: The appropriate determinate sentence should be imposed first, and only then the consecutive extended sentence. Consecutive sentences should still generally be avoided.

Citations:

Times 09-May-2007, [2007] EWCA Crim 680

Links:

Bailii

Statutes:

Crime and Disorder Act 1998, Powers of Criminal Courts (Sentencing) Act 2000, Criminal Justice Act 2003

Jurisdiction:

England and Wales

Citing:

Cited – Brown, Regina v, Regina v Butterworth CACD 18-Jul-2006
. .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 10 July 2022; Ref: scu.250457

Regina v Birtles: CACD 19 May 1969

The defendant had been convicted of burglary and carrying an imitation firearm with intent to commit burglary. He now appealed against a total sentence of 5 years.
Held: There would normally be no reason to interfere with this particular sentence, but circimstances suggested the possibility that he had been encouraged in the offence by a police informer and his handler. The sentence was reduced to three years.

Judges:

Lord Parker LCJ, Megaw LJ, Nield J

Citations:

[1969] EWCA Crim 1, [1969] 2 All ER 1131, [1969] 1 WLR 1047, 133 JP 573, 53 Ch App Rep 469

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 10 July 2022; Ref: scu.249921

Khan, Decision Upon A Reference Under the Criminal Justice Act 2003: QBD 10 Nov 2006

The defendant, subject to a sentence of life imprisonment in Canada, had been transferred to the UK. The court had to determine the minimum term to be served.
Held: For a similar offence in England the defendant would have been recommended for a minimum sentence of 15 years. However the Convention required the receiving country not to aggravate the position of a prisoner. The term would therefore need to be set at 10 years to reflect the sentence imposed in Canada.

Judges:

Stanley Burnton J

Citations:

[2006] EWHC 2826 (QB)

Links:

Bailii

Statutes:

Criminal Justice Act 2003 269 273 274, Convention on the Transfer of Sentenced Persons

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 08 July 2022; Ref: scu.245979

Richards, Regina v: CACD 27 Oct 2006

The defendant appealed the imposition of a sexual offences prevention order under section 66, saying that it did not comply with sections 224 to 227 of the CJA 2003. If the judge had thought there was a serious risk of harm and extended sentence would have been imposd.
Held: Sexual prevention orders were not subject to the CJA 2003. The two Acts were distinct and it was not intended to allow the one Act to overrule or limit the operation of the other. The appeal failed.

Judges:

Sir Igor Judge, President, Mr Justice Holland and Mr Justice Tugendhat

Citations:

Times 13-Nov-2006, [2006] EWCA Crim 2519, [2007] 1 Cr App R(S)120

Links:

Bailii

Statutes:

Sexual Offences Act 2003 66, Criminal Justice Act 2003

Jurisdiction:

England and Wales

Cited by:

Cited – Terrell, 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: 08 July 2022; Ref: scu.245677

Javid v Regina: CACD 28 Jul 2006

The defendant appealed conviction and sentence of 25 years for conspiracy to supply cocaine. He had imported 196kg of cocaine. He said that his defence team had failed to put before the court evidence corroborating his own case which evidence was obtainable.
Held: ‘the fact that the jury ask a question does not necessarily mean that the matter or issue to which it relates is critical to the outcome of the trial.’ The evidence was either available and not presented, or unhelpful to the defendant. The appeal against conviction failed. The judge’s starting point of 25 years for supply of andpound;12 million pounds of cocaine was correct, and leave to appeal the sentence was refused.

Citations:

[2006] EWCA Crim 1947

Links:

Bailii

Statutes:

Firearms Act 1968 52(1), Criminal Appeal Act 1968 23(2)

Jurisdiction:

England and Wales

Criminal Sentencing, Criminal Practice

Updated: 07 July 2022; Ref: scu.244000

Homer, Regina v (Attorney General’s References v No 12 of 2001): CACD 4 Feb 2002

The defendant, a 49 year old woman had been convicted, the jury having rejected her plea of duress, of being party to the rape by her partner of a five month old baby girl who had been entrusted to her as a baby sitter. She had pleaded guilty to being party to taking indecent photographs of this activity. One of these photographs showed her with her tongue extended towards the baby’s vagina. She was sentenced to 4 years imprisonment. Her partner had been given a life sentence with a minimum term of 5 and a half years, which had not been challenged by the Attorney General.
Held: The sentence had been lenient. Five, or even six, years imprisonment might have been expected, but having regard to double jeopardy and to the fact that the offender had been doing extremely well in prison, the court decided not to interfere. The court thought it appropriate that the offender’s sentence should be about half that of her partner, who actually committed the rape.

Citations:

[2002] 2 Cr App R (S) 84, [2002] EWCA Crim 353

Links:

Bailii

Cited by:

Cited – French and Webster, Regina v (Attorney General’s Reference No 14 and No 15 of 2006) CACD 8-Jun-2006
The defendant had been convicted of repeatedly raping a 12 week old girl, and other sexual offences against young girls. After pleading guilty, the judge had passed a life sentence setting the minimum term at six years which was lower because of the . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 06 July 2022; Ref: scu.242366

Kasoar, Regina v: CACD 16 Jan 2002

Appeal from sentence of 12 months imprisonment for breach of restraining order.
Held: ‘Whilst accepting that this was a severe sentence, we are of the view that it was wholly justified in the context of the history of this case and the learned judge is not to be criticised at all for his imposition of that sentence. Accordingly this appeal fails.’

Citations:

[2002] EWCA Crim 12

Links:

Bailii

Statutes:

Protection from Harassment Act 1997 5

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 06 July 2022; Ref: scu.242364

Regina v Goldsmith, Attorney-General’s Reference (No 6 of 2000): CACD 24 May 2000

Where a life sentence accompanied by a specified period before which parole should be considered was referred on the grounds that the effect was too lenient, the court should recognise the element of double jeopardy created by such a reference, but the effect was not as great as applied where the sentence was a determinate sentence.

Citations:

Times 24-May-2000

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 06 July 2022; Ref: scu.85276

Bowe (Junior) and Another v The Queen: PC 8 Mar 2006

(Bahamas) The Board considered: ‘(a) the jurisdiction of the Court of Appeal (b) the constitutional history in the Bahamas as it differs from that of other Caribbean states and (c) the constitutionality of the executive act of carrying out a mandatory death sentence’.

Judges:

Lord Bingham of Cornhill, Lord Nicholls of Birkenhead,Lord Hope of Craighead, Lord Rodger of Earlsferry, Lord Brown of Eaton-under-Heywood

Citations:

[2006] 1 WLR 1623, [2006] UKPC 10

Links:

Bailii

Jurisdiction:

Commonwealth

Cited by:

Cited – Simmons and Another v Regina PC 3-Apr-2006
(Bahamas) The appellants challenged admission of confession statements at their trial. A statement was not to be admitted without proof hat it had not been obtained by oppression.
Held: The defendant would have failed in a submission of no . .
Lists of cited by and citing cases may be incomplete.

Constitutional, Criminal Sentencing

Updated: 05 July 2022; Ref: scu.238919

Bakewell, Regina v: CACD 11 Jan 2006

The defendant faced allegations of evading duty on the importing of substantial quantities of cigarettes. A confiscation order was made. HMRC appealed saying it was too small a sum.
Held: ‘the liability of a smuggler who evades duty which he becomes liable to pay on importation is a pecuniary advantage obtained rendering him liable to a confiscation order in the amount of the duty evaded irrespective of whatever the fate of the contraband may be and indeed whatever the smuggler’s role would have been in dealing with or profiting from that contraband.’ The valuation suggested by CR was correct, and the benefit at issue was the benefit of the entire benefit obtained eve if the defendants benefit was much more restrcited.

Judges:

Rix LJ, Bell J, Sir John Alliott

Citations:

[2006] EWCA Crim 2

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002 6(2), Customs and Excise Act 1979 170(2)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Smith (David Cadnam) HL 13-Dec-2001
Smith had bought a motor vessel, The Vertine, with andpound;55,000 provided by his co-defendant, John Marriott. In the words of the judge when imposing sentence, the respondent allowed himself to be used as Marriott’s ship owner and captain. The . .
Applied – Regina v Ellingham CACD 2-Dec-2004
The defendant entered a plea of guilty to smuggling cigarettes on the basis that he was neither the organiser of the importation, nor the financier, nor the end user. His only reward was the promise of a payment of pounds 10,000, of which he had . .
Cited – Regina v Banks CACD 9-Dec-1996
Valuation of drugs in confiscation order.
Applying the 1994 Act, sections 2(3) and 4(1) were directed to gross payments and not net profits. . .
Cited – Regina v Lunnon CACD 2004
The defendant admitted conspiring to supply cannabis on the basis that he had derived no financial benefit from his involvement in the conspiracy, although he had been promised andpound;200 for his role in transporting a sum of money for the . .
Cited – Regina v Lazarus CACD 2004
The defendant had admitted supplying cocaine and possession. In searches of his home, police found drugs and andpound;13,880 cash on one occasion and andpound;600 on another. His basis of plea, however, was that he had allowed his home to be used . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Criminal Sentencing

Updated: 04 July 2022; Ref: scu.237565

Gisborne, Regina v: CACD 6 Oct 2005

The defendant was an animal rights activist. She had pleaded guilty to conspiracy to damage property but had not received full credit for her plea.
Held: She should have received full credit. Although the case against her was ‘utterly overwhelming’, ‘the strength of the prosecution case should not, in itself, be regarded as a reason for reducing the discount otherwise appropriate for a prompt plea of guilty’.

Citations:

[2005] EWCA Crim 2491

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – French and Webster, Regina v (Attorney General’s Reference No 14 and No 15 of 2006) CACD 8-Jun-2006
The defendant had been convicted of repeatedly raping a 12 week old girl, and other sexual offences against young girls. After pleading guilty, the judge had passed a life sentence setting the minimum term at six years which was lower because of the . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 04 July 2022; Ref: scu.234960