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Crime

Conviction – summing up

The Recorder significantly failed to give the extremely important direction as to standard of proof, and the Court of Appeal found the sentencing to be unduly lenient. 
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Sentence – rape

Two defendants were convicted of rape, sexual assault and other offences following a violent sexual attack on the victim on her narrowboat home.
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Confiscation orders – tainted gifts

The prosecution successfully appealed a confiscation order made under the Proceeds of Crime Act 2002, in a case that required consideration of the tainted gifts regime.
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Procedure – trial and evidence

Changes relating to trial and evidential procedure under the Criminal Procedure (Amendment) Rules 2018 are now in force (as of 2 April 2018).
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Sentencing – dangerous driving

A pleaded guilty to causing serious injury by dangerous driving (s1A RTA 1988). 
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Practice – disclosure

The high-profile collapse of a number of rape cases following disclosure failings by the police has thrown rape prosecutions into the spotlight. Against this background, the author discusses the reasons behind disclosure failings in criminal proceedings.

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Procedure – legal aid

Practitioners should note that the Criminal Legal Aid (Amendment) Regulations 2017 are in force from this month (21 February 2018). Under these regulations, various amendments are made to criminal legal aid legislation to expand the scope of criminal legal aid to include:

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Evidence – circumstantial evidence

There was strong circumstantial evidence and A’s robbery conviction was upheld by the Court of Appeal. A appealed his robbery conviction for which he was sentenced to a term of five years’ imprisonment. He denied being involved in the robbery.

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Manslaughter – duty of care

A, who ran an Indian restaurant, was convicted of manslaughter when a customer died after eating a meal containing substantial amounts of peanuts. The victim, knowing he had an allergy to peanuts, had been specifically told by a waiter that it contained no nuts.

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Evidence – good character

In this useful article, the author examines issues relating to good character following the Court of Appeal ruling in R v Green [2017]. In that case, the judge drew attention to the complainant’s good character in his summing up, telling the jury that there was a level playing field as far as character was concerned. The author says this diminished the effect of D’s good character.

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