Tag: Criminal Sentencing

Regina v Webbe etc: CACD 13 Jun 2001

The court issued new guidelines for sentencing offenders for offences of handling stolen goods in the light of advice from the Sentencing Advisory Panel. The court should take into account many factors including, advance knowledge of the theft, and if known about, the seriousness of that offence, the willingness to receive the proceeds of the theft. Where the replacement value was less than andpound;10,000 the offence should normally be tried summarily, but that was not the sole factor. Aggravating factors include, closeness to the theft, high or sentimental values to the loser, derivation from domestic burglaries, sophistication, high levels of profit, the provision of a regular outlet. Mitigations include low values, one off offences.

Citations:

Times 13-Jun-2001

Statutes:

Theft Act 1968

Criminal Sentencing

Updated: 10 April 2022; Ref: scu.88700

Regina v Wild; Regina v Jefferson: CACD 4 Jul 2001

The court set down the matters to be considered when sentencing for the downloading of pornographic images of children from the Internet or otherwise, and in particular where lay the custody threshold. The further distribution of images was a severely aggravating factor, as could be the degree of obscenity the age and number of children involved, and quality of the images involved. Those acquiring such images did not have direct responsibility for corruption but did have indirect responsibility. Without the desire to acquire such images, there would be no distribution, and less corruption of children. In neither of these cases, however was the custody threshold reached.

Citations:

Times 04-Jul-2001

Statutes:

Protection of Children Act 1978 1(1)(a)

Criminal Sentencing

Updated: 10 April 2022; Ref: scu.88707

Regina v Sabeddu: CACD 30 Nov 2000

The section recognised the inherent danger of supplying a drug to the public, where neither the supplier nor the recipient could know the danger of ingesting it. Ketamine, intended for horses, was not a controlled drug under the Misuse of Drugs Act 1971, and there were no sentencing guidelines available. In this case, in the light of the appellant’s good character, youth and plea, and the low value of the powder, three months detention was appropriate.

Citations:

Times 30-Nov-2000

Statutes:

Medicines Act 1968 45(1)

Criminal Sentencing

Updated: 10 April 2022; Ref: scu.88599

Regina v Offen; Regina v McGuillard; Regina v McKeown; Regina v Okwuegbunam; Regina v Saunders (Stephen): CACD 15 Nov 2000

For the purposes of the Act, where a defendant faced a compulsory life sentence following two convictions for certain offences, a finding by the judge that the defendant did not pose a serious risk to society, could be an exceptional circumstance justifying not imposing the sentence. Such a finding might be based upon there being a long time between offences, or the offences being of a different nature. Nevertheless, where the defendant did pose a risk to society, such a sentence would not be a breach of the defendant’s human right to a fair trial.
CS Kennedy LJ: ‘[T]here is nothing offensive or contrary to Convention law about Parliament reminding the courts of the risks normally attendant upon the grant of bail to those to whom section 25 applies. A reminder can properly be given by creating a statutory presumption against the grant of bail, but if judicial control is to be effective courts must be left free to examine all of the relevant circumstances and, in an appropriate case, to override the presumption.’ and
‘[Section 25 (1)] establishes a norm. The norm is that those to whom it applies if granted bail are so likely to fail to surrender to custody, or offend, or interfere with witnesses or otherwise obstruct the course of justice that bail should not be granted. If in fact, taking into account all the circumstances relating to a particular alleged offence and offender he does not create an unacceptable risk of that kind he is an exception to the norm, and in accordance with his individual right to liberty he should be granted bail.
. . . the fact that section 25 overrides section 4 of the Bail Act 1976 will not be a matter of any great moment, because section 25 will merely assist the court to adopt a proper approach in relation to the question of bail, and the approach will be in conformity with the requirements of article 5.’

Judges:

Kennedy LJ, Hooper J

Citations:

Times 15-Nov-2000, Gazette 05-Jan-2001, [2001] 1 WLR 253

Statutes:

Human Rights Act 1998, Crime (Sentences) Act 1997

Cited by:

Approved – Regina v Drew HL 8-May-2003
The defendant was mentally ill. He had been convicted of a second serious offence, and now appealed the life sentence imposed. Psychiatrists had recommended a hospital order, but such an order could not now be made by virtue of the 2000 Act save in . .
Cited – P, Regina (on the Application of) v Secretary of State for the Home Department Admn 11-Dec-2003
The applicant was a discretionary life prisoner compulsorily detained in a mental hospital. His tariff had now expired. If not detained under the 1983 Act he would now be entitled to a review. He argued that there should be a joint hearing.
Cited – O v Crown Court at Harrow HL 26-Jul-2006
The claimant said that his continued detention after the custody time limits had expired was an infringement of his human rights. He faced continued detention having been refused bail because of his arrest on a grave charge, having a previous . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Human Rights

Updated: 10 April 2022; Ref: scu.88576

Regina v McEnhill: CMAC 4 Feb 1999

A Court Martial should make allowance, when sentencing, for the exceptional financial penalty implicit in a custodial sentence for a serving officer. Such a sentence could lead to a loss of pension rights, and other penalties which would not suffered by civilians in otherwise comparable circumstances.

Citations:

Times 04-Feb-1999

Criminal Sentencing, Armed Forces

Updated: 10 April 2022; Ref: scu.88554

Regina v McKendry: CMAC 16 Mar 2001

The circumstances of the different armed services would differ considerably from each other in the seriousness of the effect of being absent without leave. Accordingly, it was not appropriate to seek to impose on the different services a requirement that they should act on a standard basis. The court felt it would be entirely improper to seek to impose such a common standard.

Citations:

Times 16-Mar-2001

Criminal Sentencing, Armed Forces

Updated: 10 April 2022; Ref: scu.88555

Regina v Moss: CACD 3 Apr 2001

The court’s ability to make an order under the Act required that order to be made before the principle sentence was handed down. Once that had happened it was too late to make an order. Here the prosecution had not at first sought an order, and when it came to do so, the judge had already reached, but not announced, his sentencing decision. The judge proceeded with the sentence. The section laid down a clear and mandatory sequence to be followed.

Citations:

Times 03-Apr-2001

Statutes:

Drug Trafficking Act 1994 2 3

Criminal Sentencing

Updated: 10 April 2022; Ref: scu.88561

Regina v Everleigh: CACD 16 May 2001

Sentences extended under the section should not be imposed consecutively with other sentences imposed at the same time, though this might be possible where the other sentence had been previously imposed. Although the authorities were difficult to reconcile, there was no illogicality in imposing extended sentences consecutive to other sentences, where for example, the sentencing took place on a recall to prison. The purpose of an extended sentence was to protect the public without the need for any additional penalty for conduct punishable at the same time. The court considered the authorities on the question of whether it was appropriate to pass a longer than normal sentence consecutively to another sentence imposed on the same occasion. It was not appropriate to do so because a longer than normal sentence is in itself intended to protect the public from serious harm without the need for any additional penalty in relation to conduct punishable at the same time.

Citations:

Times 16-May-2001, [2002] Cr App R (S) 32

Statutes:

Criminal Justice Act 1991 2(2)(b)

Cited by:

Cited – Regina v Backwell CACD 18-Nov-2003
The defendant appealed against a sentence for violent sexual assaults. Charges of rape were left on the file. He had toured the streets of Torquay selecting women who, for drink or otherwise, would be less able to resist. The judge thought a proper . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 10 April 2022; Ref: scu.88450

Regina v Chen (Siao Bing) and Others: CACD 17 Apr 2001

A foreign national, when sentenced, was made subject to an order that he be deported on completing his sentence. The defendants appealed saying that the term of imprisonment should reflect that the fat that they would be returned to a regime of which they had good cause to fear. The court rejected this, saying that if, at the end of the sentence the defendant was in proper fear of the consequences of being returned, procedures existed to make application to the Home Office. They also asked that the court should make allowance for the fact that they would be serving the sentence in an environment which was foreign to them. The court felt this to be minor consideration which could not displace the need shown here for a deterrent sentence.

Citations:

Times 17-Apr-2001

Criminal Sentencing

Updated: 10 April 2022; Ref: scu.88409

Regina v Alden; Regina v Wright: CACD 27 Feb 2001

The human rights legislation, and in particular article 7, implied nothing to change the basis of sentencing for the offence of buggery. The defendants could not assert that the levels of sentencing had increased between the time when the offences had taken place and the time when they were sentenced. R v Willis remained good guidance.

Citations:

Times 27-Feb-2001

Criminal Sentencing, Human Rights

Updated: 10 April 2022; Ref: scu.88369

Regina v Secretary of State for the Home Department Ex Parte Venables; Regina v Similar: QBD 7 May 1996

The Home Secretary was wrong to apply adult criteria on setting a release date for a child detained during Her Majesty’s Pleasure for an offence of murder.

Citations:

Times 07-May-1996, Gazette 15-May-1996

Statutes:

Murder (Abolition of Death Penalty) Act 1965 1(5) 4, Children and Young Persons Act 1933 53

Cited by:

Appeal from – Regina v Secretary of State for the Home Department Ex Parte Venables Regina v Same, Thompson CACD 7-Aug-1996
A sentence of a young person to ‘Detention during Her Majesty’s pleasure’ is not to be thought of as the same as a life sentence; The Home secretary had been unfair in setting the tarriff sentence for two youths convicted of murder on a basis which . .
At First instance – Regina v Secretary of State For The Home Department, Ex Parte Venables, Regina v Secretary of State For The Home Department, Ex Parte Thompson HL 12-Jun-1997
A sentence of detention during her majesty’s pleasure when imposed on a youth was not the same as a sentence of life imprisonment, and the Home Secretary was wrong to treat it on the same basis and to make allowance for expressions of public . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 10 April 2022; Ref: scu.87915

Regina v S: CACD 30 Aug 2000

When calculating the period of time for which a person convicted of a relevant offence must stay on the sex offenders register, a period of extended licence does not count as a term of imprisonment and must be disregarded. A liability to be recalled to prison is not the same as a term of imprisonment.
When calculating the period of time for which a person convicted of a relevant offence must stay on the sex offenders’ register, a period of extended licence does not count as a term of imprisonment and must be disregarded. A liability to be recalled to prison is not the same as a term of imprisonment.

Citations:

Gazette 21-Sep-2000, Times 30-Aug-2000

Statutes:

Sex Offenders Act 1997 1, Crime and Disorder Act 1998 58

Criminal Sentencing

Updated: 10 April 2022; Ref: scu.87663

Regina v Harvey: CACD 23 Sep 1998

When imposing a criminal confiscation order it was within a judge’s proper discretion to conclude on uncertain matters. This could include as here a valuation of a property and a judgement whether a charge on the property was unlikely to be enforced, and should be disregarded in calculating values available for order.

Citations:

Gazette 23-Sep-1998, Times 14-Oct-1998

Statutes:

Criminal Justice Act 1988 74(4)

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 09 April 2022; Ref: scu.86822

Regina v Governor of Glen Parva Young Offenders Institution Ex Parte G: QBD 24 Jan 1998

The court may not hold defendant arrested for breach of bail conditions after 24 hours after arrest. Bringing the defendant to the court building within the time limit is not enough, the case against the defendant must actually be heard within the time limit.

Citations:

Times 24-Jan-1998, Gazette 04-Feb-1998

Statutes:

Bail Act 1976 7(4)(a)

Criminal Sentencing

Updated: 09 April 2022; Ref: scu.86733

Regina v Dover Youth Court Ex Parte K (A Minor): QBD 22 Jul 1998

The Court was not entitled, when combining sentences of a youth, to make a total order allowing detention to include sentences for offences which themselves were under the statutory two month minimum.

Citations:

Times 22-Jul-1998, Gazette 29-Jul-1998

Statutes:

Criminal Justice Act 1982 1A(3) 4A

Criminal Sentencing

Updated: 09 April 2022; Ref: scu.86572

Regina v Alfreton Justices, Ex Parte Gratton: QBD 25 Nov 1993

The appellant community charge payer (under 21) appealed after being committed to prison for non payment of the tax. The magistrates had come to the conclusion that they could not consider attaching the applicant’s liability to pay the charge to his income support as a viable alternative to prison.
Held: The appeal succeeded. In so concluding, the magistrates were ‘plainly wrong’ and that, as such, there was a ‘fundamental flaw’ in the case. The magistrates should have considered what was a viable offer of payment before imposing a prison sentence: ‘Community charge liability should only be visited with prison (if I may use that shorthand expression) if there is no other way in which the money can be extracted. Prison is not to be used as a big stick or primarily as punishment but as a means of extracting the liability.’
Because the the applicant was under 21 years of age at the time at which he was sentenced, the magistrates had a requirement publicly to state that there was no alternative but prison in this case. However, it was unnecessary to conclude the case on that ground in the light of the earlier finding.
As to costs, he said: ‘I am wholly unable to find that there has been any perverse or outrageous conduct of any kind in this case. These are tricky cases. The law has been evolving in the last year or so.’

Judges:

Macpherson J

Citations:

Times 07-Dec-1993

Cited by:

Cited – Lloyd And Others v The United Kingdom ECHR 1-Mar-2005
Magistrates had committed the applicants to prison in their absence for non-payment of local taxes and fines.
Held: The proceedings infringed the claimants’ human rights in that they had been found guilty of wilful refusal or culpable neglect . .
Lists of cited by and citing cases may be incomplete.

Taxes – Other, Criminal Sentencing

Updated: 09 April 2022; Ref: scu.86046

Regina (P) v Secretary of State for the Home Department, Regina (Q) v Same: QBD 1 Jun 2001

The Prison Service’s policy of refusing to allow children over the age of eighteen months to stay with their mother in prison was lawful. The impairment of family life was an inevitable and inherent part of the imposition of a sentence of imprisonment. The policy was to designed allow for the protection of children’s interests so far as possible. The use of a fixed age allowed proper preparation, and consistency of facilities, and there was nothing in the policy to prevent consideration of the individual circumstances in particular cases. There were arguments both for lowering the age so as to minimise the damage by occasioning it when the bond between mother and child was less, and otherwise.

Citations:

Times 01-Jun-2001, Gazette 21-Jun-2001, [2001] 3 FCR 416, [2001] FLR 1122

Statutes:

Prison Rules 1999 (1999 No 728), Children Act 1989 1, Prison Act 1952

Cited by:

Cited – C and Another v Bury Metropolitan Borough Council FD 18-Jul-2002
Where a children case involving a challenge to a care plan or the placement of children in care would raise issues under the Human Rights legislation, the case should normally be heard before a High Court judge of the Family Division. If possible it . .
Cited – C and Another v Bury Metropolitan Borough Council FD 18-Jul-2002
Where a children case involving a challenge to a care plan or the placement of children in care would raise issues under the Human Rights legislation, the case should normally be heard before a High Court judge of the Family Division. If possible it . .
Cited – Evans v Amicus Healthcare Ltd and others CA 25-Jun-2004
The applicant challenged the decision of the court that the sperm donor who had fertilised her eggs to create embryos stored by the respondent IVF clinic, could withdraw his consent to their continued storage or use.
Held: The judge worked . .
Lists of cited by and citing cases may be incomplete.

Administrative, Human Rights, Criminal Sentencing

Updated: 09 April 2022; Ref: scu.85996

Regina (Inner London Probation Service) v Tower Bridge Magistrates’ Court: QBD 26 Jun 2001

A defendant had been convicted of shoplifting. His offending arose from his drugs habit. Then probation service gave its strong view that the defendant was not suitable to be placed upon a drug treatment and testing regime. They applied to review the decision to place him on the scheme. It was held that such a regime made substantial demands upon a defendant. The law did not require the consent of the probation service, but it should respect the expert evidence it had sought. If the court was considering going against such advice, it should express the reasons for its conclusion. ‘Drug treatment and testing orders were introduced from October 2000 as a new community sentence aimed at breaking the link between drug addiction and offending. The orders may last for the period, specified by the court, of between six months and three years. The treatment and testing carried out under the orders are an expensive resource targeted particularly at high volume offenders who have been largely driven to commit offences by their addiction to drugs and the need to finance treatment. The DTTO is unusual among community sentences in that it involves regular testing for drug abuse, and it involves the court which imposes the order having a formal and regular role in reviewing progress under the order and monitoring the offender’s conduct subject to the order.’

Judges:

Bell J

Citations:

Times 26-Jun-2001, [2002] Cr App R(S) 43

Statutes:

Powers of Criminal Courts (Sentencing) Act 2000 52

Cited by:

Cited – Regina v Belli CACD 20-Oct-2003
The defendant, a drug addict, had been arrested and released on bail for a series of offences. He appealed against a sentence of two years and nine months. The court rejected a suggestion that he might be made the subject of a Drug Treatment and . .
Cited – Regina v Belli CACD 20-Oct-2003
The defendant, a drug addict, had been arrested and released on bail for a series of offences. He appealed against a sentence of two years and nine months. The court rejected a suggestion that he might be made the subject of a Drug Treatment and . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 09 April 2022; Ref: scu.85977

Regina (Mcneil) v Parole Board: CACD 17 May 2001

The interval between occasions of consideration of the granting of parole to a discretionary life prisoner, was to be determined on the facts and circumstances of each prisoner. There was no rule that the maximum period between reviews was to be two years. The earlier case had expressly stated that no maximum interval was being set.

Citations:

Gazette 17-May-2001

Statutes:

European Convention on Human Rights 5.4

Criminal Sentencing, Human Rights

Updated: 09 April 2022; Ref: scu.85987

Regina v W (Sentencing: Age of Defendant): CACD 26 Oct 2000

Where a sentence meant that a defendant would not expect to be released until after his eightieth birthday, it was proper to make allowance for his age when passing sentence. The offences were serious indecent assaults in gross breach of trust against young girls, and were relatively recent, but nevertheless, the sentencing judge should have made some allowance for the fact that the defendant was 75 at the time of sentence. In this case a sentence of eight years would be substituted for one of twelve years.

Citations:

Times 26-Oct-2000

Criminal Sentencing

Updated: 09 April 2022; Ref: scu.85602

Regina v Wiggins: CACD 23 Jun 2000

The court should not normally order that a passenger who had been convicted of aggravated taking without consent should also be subject to a extended driving test after the conclusion of the ban in the same way that a driver might.

Citations:

Times 23-Jun-2000

Statutes:

Theft Act 1968

Criminal Sentencing, Road Traffic

Updated: 09 April 2022; Ref: scu.85613

Regina v Secretary of State for the Home Department and Another, Ex Parte Willis: QBD 9 Mar 2000

A prisoner having been sentenced to serve less than four years applied for consideration for early release under an electronic tagging home detention scheme. He was refused because he would have to register on release with the Police as a sex offender, and such individuals were subject to special rules set by the Home Secretary. The applicant had not been allowed to see the materials upon which the decision had been made. He should be allowed to see the material upon which the decision was based only if it went against the prisoner’s assertion of such exceptional circumstances. Such prisoners posed a special risk, and the requirement for exceptional circumstances was not unlawful or irrational.

Citations:

Times 22-Mar-2000, Gazette 09-Mar-2000

Statutes:

Criminal Justice Act 1991 34A 37A, Sex Offenders Act 1997

Criminal Sentencing, Prisons

Updated: 09 April 2022; Ref: scu.85515

Regina v Secretary of State for the Home Department, Ex Parte Shaw: QBD 16 Mar 2000

A prisoner was subject to a discretionary life imprisonment order. To try to accelerate his release he applied to take part in a program for the rehabilitation of sex offenders. Before that decision was made, he was reclassified as a psychopath, and then refused entry to the program. He sought to review that decision, because he had not been given opportunity to make representations about it. The decision was part of a continuing review of the prisoner, and the effect on his potential early release, whilst real, remained a secondary consequence.

Citations:

Times 16-Mar-2000

Criminal Sentencing, Judicial Review

Updated: 09 April 2022; Ref: scu.85538

R v Newman: CACD 13 Feb 2000

The fact that a defendant had, at the time of committing an offence, been suffering from an acute mental illness, was not sufficient reason to count as an exceptional reason allowing a judge not to pass a life sentence for a subsequent serious offence. The case should be looked at in the light of section 2, and the purpose of the Act.

Citations:

Gazette 13-Feb-2000

Statutes:

Crime (Sentences) Act 1997

Jurisdiction:

England and Wales

Criminal Sentencing, Health

Updated: 09 April 2022; Ref: scu.85426

Regina v Peterborough Crown Court and Another, Ex Parte L: QBD 7 Dec 1999

Even though serving time as a sentenced prisoner, a suspect awaiting trial was entitled to the protection of the custody time limits, and the judge had no power to refer to any common law to suspend the running of those limits. The judge could not refuse to adjudicate on the prosecutions application to extend the custody time limits.

Citations:

Times 07-Dec-1999, Gazette 07-Jan-2000

Statutes:

Prosecution of Offences (Custody Time Limits) Regulations 1987 (1987 No 299)

Criminal Sentencing

Updated: 09 April 2022; Ref: scu.85444

Regina v Powell (A): CACD 15 Aug 2000

A conviction for living off the earnings of prostitution could justify a sentence of five years imprisonment where it was shown that there had been, as in this case, both coercion of the girl, who had been kept an effective prisoner, and also corruption by virtue of the girl’s age and previous sexual inexperience.

Citations:

Times 15-Aug-2000

Criminal Sentencing

Updated: 09 April 2022; Ref: scu.85449

Regina v Lodde (David), R v Lodde (Ann): CACD 8 Mar 2000

Where an offender had spent time in custody abroad, even after fleeing his prosecution here, it was proper to make some allowance for that period in custody against a sentence to be imposed here. This situation was outside the one provided for by statute. Although some allowance should be made it was not the full time spent in custody. The allowance should be reduced because the defendants had brought this upon themselves, they had committed a bail offence, and the time spent in custody had been lengthened by their own resistance.

Citations:

Times 08-Mar-2000

Criminal Sentencing

Updated: 09 April 2022; Ref: scu.85372

Regina v Malik: CACD 30 May 2000

It was not a breach of a prisoner’s human rights to impose a sentence of imprisonment on a failure to comply with a confiscation order made in a drugs case. The transfer of the burden onto the defendant was not in breach of the equality of arms provisions in the convention, nor of the imposition of heavier penalties under article 7.

Citations:

Times 30-May-2000

Statutes:

Drug Trafficking Act 1994, European Convention on Human Rights Art 6 and 7

Criminal Sentencing, Human Rights

Updated: 09 April 2022; Ref: scu.85385

Regina v Morris (HL): CACD 4 Aug 2000

The guidance given to crown prosecutors on the procedures for establishing the values of drugs for sentencing purposes no longer reflects the decisions of the Court of Appeal. In cases involving the importation of drugs of more than 500 grams the drugs must be tested to establish the purity of what was found, and the court would be invited to consider sentencing on the basis of the quantity and at 100 per cent purity. The purity of drugs supplied in tablet form such as LSD and ecstasy can continue to be dealt with on assumptions about the proportion of active content.

Citations:

Times 04-Aug-2000

Criminal Sentencing

Updated: 09 April 2022; Ref: scu.85417

Regina v Haringey Youth Court, Ex Parte A: QBD 30 May 2000

Where a youth court was considering the imposition of a detention and training order on a young offender under the Act, the court should always, before retiring state this possibility in open court so that the parties can ascertain the length of time if any spent already spent in custody so that proper allowance could be made when fixing the sentence.

Citations:

Times 30-May-2000

Statutes:

Crime and Disorder Act 1998 73

Magistrates, Criminal Sentencing

Updated: 09 April 2022; Ref: scu.85296

Regina v Inner London Crown Court, Ex P I: QBD 12 May 2000

The obligation on a court when sentencing a young offender to take account of the period of time spent in custody, did not amount to an obligation to reduce a sentence to take account of such time. There was no one-to-one equation, and a time in custody of one day might well not affect the sentence passed.

Citations:

Times 12-May-2000

Statutes:

Crime and Disorder Act 1998 73

Criminal Sentencing

Updated: 09 April 2022; Ref: scu.85325

R v Inner London Crown Court, Ex P I: QBD 31 May 2000

The obligation on a court when sentencing a young offender to take account of the period of time spent in custody, did not amount to an obligation to reduce a sentence to take account of such time. There was no one-to-one equation, and a time in custody of one day might well not affect the sentence passed.

Citations:

Gazette 31-May-2000

Statutes:

Crime and Disorder Act 1998 73

Criminal Sentencing

Updated: 09 April 2022; Ref: scu.85326

Regina v Bromiley: CACD 4 Jul 2000

Sentencing for child sex abuse should not be gender specific. A person appointed to have charge of children whilst in care, and who abused that by having sex with young boys with learning difficulties in her care must expect a severe jail sentence. Here a series of such acts justified a term of five years imprisonment.

Citations:

Times 04-Jul-2000

Criminal Sentencing

Updated: 09 April 2022; Ref: scu.85153

Regina v C (Young Person: Persistent Offender): CACD 11 Oct 2000

A Home Office circular which sought to set out a definition of what would be a ‘persistent offender’ for the purposes of the Act could not replace the words of the statute. In this case the judge had drawn his conclusion from the cases presented to him, and the facts admitted established sufficient persistence under the Act. The fact that they would not meet the criteria under the circular was not conclusive.

Citations:

Times 11-Oct-2000

Statutes:

Crime and Disorder Act 1998 73(2)

Criminal Sentencing

Updated: 09 April 2022; Ref: scu.85160

Regina v Cawthorn: CACD 27 Oct 2000

The powers of the court when return a prisoner to custody after recall for breach of licence under section 39 and return to custody under section 40 were clearly distinct and different. In this case because the sentence was imposed under section 39 there was no power to make it consecutive.

Citations:

Times 27-Oct-2000

Statutes:

Criminal Justice Justice Act 1991 39 40

Criminal Sentencing

Updated: 09 April 2022; Ref: scu.85167

Regina v Croft: CACD 6 Jul 2000

A judge has no discretion other than to make an order with regard to the realisation and confiscation of the proceeds of drug trafficking offences. The Act gives the defendant several ways of displacing the assumptions to be made by the judge, but if the defendant failed to displace the assumptions, the court could not but choose to make the order.

Citations:

Times 06-Jul-2000

Statutes:

Drug Trafficking Act 1994 4

Criminal Sentencing

Updated: 09 April 2022; Ref: scu.85212

Regina v Bollingbroke: CACD 16 Aug 2000

Sentences of imprisonment are appropriate for those posting child pornography to the Internet. A sentence of two years was increased to three years. This applied even in the case of a distribution not for profit by someone of previous good character. The Internet is capable of allowing the widespread distribution of material. But sentences for possession and for distribution should not have been made consecutive, since the possession was part and parcel of the distribution.

Citations:

Times 16-Aug-2000

Criminal Sentencing

Updated: 09 April 2022; Ref: scu.85128

Regina v Ayodeji: CACD 20 Oct 2000

The offence of being drunk on board an aircraft can include allegations that the behaviour was the cause of fear in other passengers, without the offence being charged as endangering the aircraft. The offence carried a heavy maximum penalty precisely because these consequences of terror and insecurity in the minds of fellow passengers naturally followed from such behaviour. The offence in this case was persistent and flagrant and the sentence of eight months imprisonment was appropriate.

Citations:

Times 20-Oct-2000

Statutes:

Air Navigation (No 2) Order 1995 (1995 No 1970), Civil Aviation Act 1982 60 61

Criminal Sentencing, Transport

Updated: 09 April 2022; Ref: scu.85120

Regina v Barker (Andrew): CACD 8 Nov 2000

Where a judge considered that the normal period of licence which would apply after a defendants eventual release from prison would be insufficient to exert control he thought would be necessary, it was possible and proper for him to pass a sentence extended for licence purposes under the Act, and also to make such sentences consecutive.

Citations:

Times 08-Nov-2000, Gazette 16-Nov-2000, [2001] 1 Cr App R (S) 514

Statutes:

Crime and Disorder Act 1998 58

Cited by:

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

Criminal Sentencing

Updated: 09 April 2022; Ref: scu.85125

Practice Direction (Custodial Sentences: Explanations): LCJ 24 Jan 1998

Courts sentencing offenders to imprisonment are now to explain the effect of remission etc in open court when sentencing; the exact form of words was set out.

Judges:

Lord Bingham of Cornhill CJ

Citations:

Times 24-Jan-1998, [1998] 1 WLR 278

Cited by:

Cited – Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals) HL 27-Jan-2005
Each defendant challenged the way he had been treated on revocation of his parole licence, saying he should have been given the opportunity to make oral representations.
Held: The prisoners’ appeals were allowed.
Lord Bingham stated: . .
Cited – Stellato, Regina (on the Application of)v Secretary of State for the Home Department HL 28-Feb-2007
The prisoner had served part of his ten year sentence, been released on licence and then recalled. He complained that the new parole system under which he had then to apply was invalid, having been made Parliament by negative resolution.
Held: . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 09 April 2022; Ref: scu.84880

Logan v The Queen: PC 8 Mar 1996

(Belize) The Privy Council may hear an appeal against the death sentence after a mercy plea had been rejected under the Belize criminal Code.

Citations:

Times 08-Mar-1996

Cited by:

Cited – Williams v The Queen PC 23-Nov-1998
(Saint Vincent and the Grenadines) The defendant was convicted of having killed his wife. He had killed his children but faced no charge on that issue. He complained of the admission of evidence showing that he had killed the children. In his . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Commonwealth

Updated: 09 April 2022; Ref: scu.83150

Jones v Director of Public Prosecutions: QBD 20 Oct 2000

Where magistrates considered an offence for which a driving ban was discretionary, they were entitled at that stage to take account of the driving record, even though they knew they would have to take that same record into account when considering a totting up ban. There was no double jeopardy, since the two systems considered different aspects of the offence, the speed driven on this occasion, and the repetition creating a pattern of behaviour. The two systems were not mutually exclusive, or alternatives.

Citations:

Gazette 02-Nov-2000, Times 20-Oct-2000

Statutes:

Road Traffic Act 1972

Cited by:

Cited – Flegg v Justices of the Peace for the New Forest Local Justice Area Sitting at Lyndhurst Admn 21-Feb-2006
The defendant sought judicial review of the refusal by the magistrates to state a case. He was convicted for failing to identify the driver of a motor cycle of which he was a registered keeper which had been caught by a speed camera. Either of two . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Road Traffic

Updated: 09 April 2022; Ref: scu.82599

In Re Thompson and Venables (Tariff Recommendations): CACD 27 Oct 2000

An invitation to the parents of a deceased victim of crime to make representations was useful to help establish the effect of the crime on the victims, but it was not for the family to express views as o the proper sentence. When reconsidering the tariff to be served by youths convicted of murder as young children, should reflect the welfare of the children, and progress made since conviction.

Citations:

Times 27-Oct-2000, [2001] 1 All ER 737, [2001] 1 Cr App R 401

Cited by:

Cited – Practice Statement (Crime: Life sentences) LCJ 31-May-2002
The statement followed the report of the Sentencing Advisory Panel of March 15, 2002. The statement contained guidance, not firm rules. The phrase ‘minimum term’ should replace the term ‘tariff’. Offenders are normally not released on the expiry of . .
Cited – Practice Statement (Crime: Life sentences) LCJ 31-May-2002
The statement followed the report of the Sentencing Advisory Panel of March 15, 2002. The statement contained guidance, not firm rules. The phrase ‘minimum term’ should replace the term ‘tariff’. Offenders are normally not released on the expiry of . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 08 April 2022; Ref: scu.82250

Criminal Proceedings Against Nunes and An Case C-186/98: ECJ 5 Aug 1999

It was possible for a member state implementing European legislation to provide for criminal sanctions for the breach of the regulations even though the original European Directive provided only for civil remedies. This could be done in pursuance of the member state’s own financial interests in the avoidance of civil penalties.

Citations:

Times 05-Aug-1999

Jurisdiction:

European

Criminal Sentencing

Updated: 08 April 2022; Ref: scu.79665

Regina v Stratford Youth Court ex parte S: QBD 28 May 1998

Youths before courts are subject to standard 56 day custody time limit. A court deciding whether to commit a youth to secure accommodation, may admit hearsay evidence on the need for such care.

Citations:

Times 28-May-1998

Statutes:

Prosecution of Offences (Custody Time Limits) Regulations 1987 (1987 No 299)

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 07 April 2022; Ref: scu.88124

Faichney and Another v Aquila Advisory Ltd and Others: ChD 20 Mar 2018

The court considered claims beneficial ownership of an interest in funds otherwise made subject to an order under the 2002 Act.

Judges:

Mann J

Citations:

[2018] EWHC 565 (Ch)

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002

Jurisdiction:

England and Wales

Taxes Management, Criminal Sentencing

Updated: 06 April 2022; Ref: scu.606481

Whirlpool UK Appliances Ltd v Regina: CACD 20 Dec 2017

The company appealed against sentence after a worker died following an accident while working at the defendant’s premises.

Judges:

Lord Burnett of Maldon CJ, Teare, Kerr JJ

Citations:

[2017] EWCA Crim 2186

Links:

Bailii

Statutes:

Health and Safety at Work Act 1974 3(1)

Jurisdiction:

England and Wales

Criminal Sentencing, Health and Safety

Updated: 02 April 2022; Ref: scu.601870

O’Connell, Regina (on The Application of) v Westminster Magistrates’ Court: Admn 6 Dec 2017

The claimant sought judicial review of his committal to prison for non compliance with confiscation order. The committal was sought some 11 years after the order had been made.
Held: The application failed. There had been very considerable delay, but such cases are not settled by the simple issue of timed passed, but rather by that element among the others present in the particular case.

Judges:

Lindblom LJ, Edis J

Citations:

[2017] EWHC 3120 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing, Human Rights

Updated: 02 April 2022; Ref: scu.601441

Lea, Regina v: CACD 2 Nov 2017

Application for leave to appeal the sentence of 20 months imprisonment imposed for bring drugs into a prison.

Judges:

Simon LJ, Lewis J, Mark Brown HHJ Rec Preston

Citations:

[2017] EWCA Crim 1789

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 01 April 2022; Ref: scu.598726

Lendore and Others v The Attorney General of Trinidad and Tobago: PC 31 Jul 2017

(From the Court of Appeal of the Republic of Trinidad and Tobago)

Judges:

Lord Mance, Lord Kerr, Lord Sumption, Lord Reed, Lord Hughes

Citations:

[2017] UKPC 25, [2017] 1 WLR 3369, [2017] WLR(D) 582

Links:

WLRD, Bailii Summary, Bailii

Jurisdiction:

Commonwealth

Human Rights, Criminal Sentencing

Updated: 01 April 2022; Ref: scu.598622

Regina v Armsaramah: CACD 25 Oct 2000

In a very clear case it was possible for a judge to pass a custodial sentence on a defendant who had not previously received a custodial sentence without first obtaining a pre-sentence report. In this case counsel had not asked for a pre-sentence report, and had been able to put forward all and any pints which a probation officer might have presented, and the judge had acted on the basis of making every possible assumption in favour of the defendant. Such instances were not limited to cases of very short sentences.

Citations:

Times 25-Oct-2000

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 31 March 2022; Ref: scu.85117

Regina v Reynolds and Others: CACD 6 Oct 2017

The CPS appealed against the valuation of benefit and provisions as to enforcement, in confiscation orders to which the Respondents were made subject. The confiscation proceedings themselves arose out of corruption in public sector contracting.

Judges:

Gross LJ, Gilbart J, Aubrey QC HHJ

Citations:

[2017] EWCA Crim 1455, [2018] 4 WLR 33, [2017] WLR(D) 642, [2017] Lloyd’s Rep FC 579, [2018] Crim LR 163

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 30 March 2022; Ref: scu.595933

Regina v Chelmsford Justices, Ex Parte Lloyd: QBD 5 Dec 2000

It was proper for magistrates to commit a defendant to the Crown Court for sentence where they believed that the appropriate sentence was a fine, but the level of fine they thought appropriate would be outside their powers, and only the Crown Court would have that power. The section did not limit the power to situations involving imprisonment. It would be helpful, if the justices considered this to make their views known to the defendant and his advocate to allow representations to be made, and in due course to make the basis of committal known to the Crown Court.

Citations:

Times 05-Dec-2000

Statutes:

Magistrates Courts Act 1980 38

Jurisdiction:

England and Wales

Criminal Sentencing, Magistrates

Updated: 29 March 2022; Ref: scu.86337

Regina v Graham: CACD 23 Feb 1999

It is wrong to describe a sentence, passed lawfully and fully in accordance with sentencing practice, as a miscarriage of justice. Sentencing is an art not a science. Guidelines given to potential Sentencing Commission.

Citations:

Gazette 08-Apr-1999, Times 23-Feb-1999

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 29 March 2022; Ref: scu.86750