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Crime

Offences – mens rea

This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having reasonable cause to suspect it would, or might, be used for terrorism.

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Sentencing – manslaughter

The Sentencing Council has issued a new definitive guideline on manslaughter which applies to all offenders aged 18 and older, who are sentenced on or after 1 November 2018, regardless of the date of the offence.

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Evidence; sentencing – summary of developments

The author gives a useful update on the use of specimens, sentencing, and terrorism in light of the latest judgments from the criminal courts and other recent developments.

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Convictions – theft or fraud by misrepresentation

A thief is not necessarily a fraudster, and a fraudster is not necessarily a thief – as this recent case illustrates.

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Jurisdiction – confiscation proceedings

If the prosecution is discontent with the terms of a default order in confiscation proceedings, the Court of Appeal does not have jurisdiction to determine a challenge to that order.

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Sentencing – drugs offences

An unduly lenient sentence was imposed by the trial judge following D’s third drugs conviction. D’s previous criminal record had significant consequences for him such that s110 Powers of Criminal Courts (Sentencing) Act 2000 came into play.

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Sentencing – terrorist offences

New sentencing guidelines for terrorist offences, where offenders are sentenced from 27 April 2018, are now in force.

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Sentencing – hospital orders; hybrid orders

In this article, the author (who represented the appellant) considers the making of hospital orders in criminal proceedings, and the use of hybrid orders, following a Court of Appeal ruling.

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Procedure – expert witnesses

A was convicted, along with his co-defendants, of conspiracy to defraud by dishonestly rigging LIBOR.

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Sentencing – new guidelines

The Sentencing Council has published a new definitive guideline on bladed articles and offensive weapons offences; as well as a separate and similar sentencing guideline for the possession of weapons and threats to use them.

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Offences – mens rea
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This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...

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