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Crime

Crime – offences update

This article usefully summarises the latest developments in criminal law and procedure. The author covers a number of new legal and procedural developments and how they apply in practice.

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Traffic offences – ‘drug’ driving

The applicant (A) pleaded guilty to two offences of driving with a controlled drug exceeding the specified limit, under s5A(1)(a) RTA 1988.

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Sentencing – causing death by dangerous driving

A was sentenced to five years and two months in prison, having pleaded guilty to causing death by dangerous driving under s1 RTA 1988.

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Sentencing – careless driving

A lost his appeal against sentence following his conviction for causing death by careless driving. He had been sentenced to two years in prison, and disqualified from driving for five years (and until he passes an extended retest).

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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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