Crimeline aptly described this appeal as ‘odd’. A suspended two-year prison sentence was imposed on A on conviction of a count of robbery following a car theft. He appealed the conviction, criticising the judge’s questions put to the jury. A’s counsel argued that ‘the Crown had always put their case on the basis that the …
Continue reading “Judge’s directions – threats of violence”
New mandatory and discretionary disregards to financial eligibility tests for civil legal aid have been introduced under the Civil and Criminal Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2024. From 20 November 2024, applications for legal aid made from that date are affected and some people already receiving legal aid (and paying legal …
Continue reading “Legal aid – means testing”
In what circumstances, if at all, has an offender taken a weapon to the scene of an offence, where the weapon is a vehicle driven to the scene? The outcome was directly relevant to sentencing. The CA was hearing two cases together – appeals in relation to sentencing for murder and for attempted murder. Davis …
Continue reading “Sentencing – vehicle as a weapon”
Property lawyers will be interested to note the statement made by the Minister of State for Housing and Planning on 21 November 2024. We do not usually comment on matters that are not yet in force, but it seems that the government is intent on pushing on with an agenda of leasehold reform, so property …
Continue reading “Leasehold – proposed changes”
Sentencing failed to reflect the corruption of a nine-year-old girl and the persistent adverse attentions paid to her in the form of sexual assault and penetration by the offender, the CA ruled. It had significantly failed to reflect the level of offending. A had been sentenced to a total of 9.5 years’ imprisonment for rape …
Continue reading “Sentencing – sex offences”
The Leasehold and Freehold Reform Act 2024 will have a wide-ranging impact on the leasehold sector if it is brought fully into force. But there are aspects of the Act that are currently in force. From 24 July 2024: The Act abolishes the s121 LPA 1925 remedies for the ‘historic’ rent charges (which can no …
Continue reading “LFRA 2024 – what is in force?”
In excluding evidence as inadmissible hearsay, the trial judge had erred in law in principle. At issue in this case was whether certain evidence was inadmissible hearsay. The four defendants are awaiting trial for money laundering offences. The case against them is that they purchased Apple gift cards to launder the proceeds of frauds perpetrated …
Continue reading “Evidence – hearsay”
The SC has heard a tragic case which considered the extent of the tort of negligence. The case summary is as follows: ‘Background to the Appeal The law on the tort (that is the civil wrong) of negligence draws a fundamental distinction between liability for acts and omissions or, put another way, between making matters …
New mandatory disregards to the financial eligibility tests for criminal legal aid have been introduced (under The Civil and Criminal Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2024). From 20 November 2024, applications for criminal legal aid made from that date are affected. Clients already receiving legal aid (and paying legal aid contributions) …
Continue reading “Legal aid – means testing”
The SC and the Judicial Committee of the Privy Council (JCPC) launched two brand-new websites and a Case Management Portal on 4 December 2024. In addition to providing access to resources the websites will also be a pathway to the new portal, which will enable users to file court documents digitally and track the progress …
Continue reading “SC – case management”