The judge in this case gave, at a very early stage in proceedings, an indication as to sentence – leading to D’s conviction being quashed. T pleaded guilty in July 2018 to being concerned in the supply of cannabis. He argued his conviction was unsafe, on the basis that he pleaded guilty as the judge …
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The Sentencing Council has published new sentencing guideline for strangulation and suffocation offences with effect from 1 January 2025. Strangulation or suffocation – and its racially or religiously aggravated version – are very serious offences that are highly dangerous to victims and often in the context of domestic violence. The guideline is intended to ensure …
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Practitioners will find useful the judicial comments by Davis LJ around prison conditions in the context of sentencing, in a recent CA ruling following a reference by the AG of a sentence as unduly lenient. D was sentenced to a total prison term of 12.5 years on conviction of drugs offences and possession of firearms …
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The judge was wrong to rule that a series of witness statements from two witnesses who died before trial were inadmissible hearsay – it was not a reasonable ruling for him to make. The CA provides a helpful overview and analysis of the legal framework on hearsay evidence and, in light of this case, gives …
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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 …
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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 …
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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”
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”
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 …
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