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Crime

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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Defences – general defences

The author provides a useful summary of general defences available to defendants in light of recent case law. For instance, self-defence can potentially be a defence to allegations of both dangerous and careless driving, recognising that there may be a need for responsive force in particular circumstances.

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Sentencing – modern slavery

Practitioners defending or prosecuting sexual offences in the modern slavery context will welcome new guidance on sentencing.

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Offences – public order

What is a ‘dwelling’ for the purposes of the Public Order Act 1986 (POA)? The author of this article analyses two issues concerning public order offences in detail: the extent of the meaning of ’dwelling’; and public order offences generally.

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Procedure – hearsay

D successfully appealed his conviction on two counts of kidnapping, for which he was sentenced to four years in prison. Despite being married, D had had a relationship with a woman which had ended some time before the incident in question. On the relevant date, the woman (his ex-partner) was in her flat and a male friend was staying over that night on the sofa.

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Manslaughter – foreseeability

In assessing reasonable foreseeability of serious and obvious risk of death in cases of gross negligence manslaughter, it was not appropriate to take into account what a reasonable person in D’s position would have known but for theirbreach of duty.  

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Most-read articles

Intestacy – statutory legacy
Wednesday, 12 February 2020
The statutory legacy under the intestacy rules has increased to £270,000 with effect from 6 February 2020. It’s the first increase since October 2014. Read more...
Unsolicited publicity – SRA guidance
Wednesday, 12 February 2020
Some practitioners were somewhat aghast to read para 8.9 in the new Code of Conduct for solicitors as follows: Read more...
Part 36 offer – includes interest
Wednesday, 12 February 2020
Part 36 is a provision of the CPR which is intended to encourage parties to settle disputes without going to trial. A Part 36 offer made by either the claimant or defendant is a tactical step... Read more...
Slipping claims – burden of proof
Wednesday, 12 February 2020
In general, the law on slipping cases is reasonably settled and straightforward. An interesting article considers a question which often arises in practice, namely whether the defendant bears an... Read more...
MEES – domestic rentals reminder
Wednesday, 12 February 2020
We last reported on the MEES Regulations in our May 2019 edition (p24). The Domestic Minimum Energy Efficiency Standard (MEES) Regulations set a minimum energy efficiency level for domestic private... Read more...
Lease to family – not a relevant disposal
Wednesday, 12 February 2020
Under s1(1) LTA 1987 L shall not make a ‘relevant disposal affecting any premises to which at the time of the disposal this Part applies’ unless it has previously served notice in accordance with... Read more...
Oral trust for third party – not binding
Wednesday, 12 February 2020
A recent CC decision is an important reminder to property practitioners to advise clients to ensure that any declaration of trust is in writing. Section 53(1)(b) LPA 1925 states that: Read more...
Civil partnerships – opposite sex
Wednesday, 12 February 2020
The Civil Partnership (Opposite-sex Couples) Regulations came into force on 2 December 2019 enabling mixed-sex couples to enter into a civil partnership, as an alternative to marriage or cohabitation. Read more...
Ethical veganism – a philosophical belief
Wednesday, 12 February 2020
A vegan is someone who does not eat or use animal products. 'Ethical' veganism is more than just not eating or using animal products – it goes beyond this in that ethical vegans try to exclude all... Read more...
Stalking – orders
Wednesday, 12 February 2020
The perpetrators of stalking can now be banned from approaching and/or contacting their victims under police powers that came into force on 20 January 2020. Under the Stalking Protection Act 2019,... Read more...

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