The rise in LIPs in criminal cases has increased steadily in recent years. This means the number of unmeritorious appeal applications are increasing in the absence of expert legal advice. In this case, Bryan J used the court’s legal powers to discourage such applications where D sought to appeal to the CA, out of time, …
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D was sentenced to life imprisonment with a minimum term of 22 years following the attempted murder of his estranged wife (W). He had a history of violence and was already subjected to a NMO barring him from contacting W. D appealed his conviction, unsuccessfully, on several grounds. However, the CA found that the judge …
Continue reading “Sentencing – aggravating factors”
This was the high-profile case of Lucy Connolly (D), sentenced to 31 months in prison in the wake of the Southport riots in the summer of 2024. She was convicted of inciting racial hatred under s19(1) Public Order Act 1986 in an X (twitter) post. She appealed her sentence, arguing it was manifestly excessive for …
Continue reading “Sentencing – Lucy Connolly; aggravating factors”
Magistrates had wrongly concluded that lack of service of a non-molestation order (NMO) meant an offence under s42A Family Law Act 1996 could not be made out. The NMO in question was made in November 2023, prohibiting R from being present between 0730 and 1630 at a road on which a named child’s school was …
Continue reading “Breach of NMO – when effective?”
Two new sentencing guidelines are now in force for offences of blackmail, kidnap and false imprisonment. The guidelines came into effect on 1 April 2025 and concern: blackmail under s21 Theft Act which is triable only on indictment and carries a maximum custodial sentence of 14 years; and kidnap/false imprisonment at common law, also triable …
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