The sentencing judge erred in excluding evidence of good character – but it had no impact on the appeal outcome. A was sentenced to two years eight months’ imprisonment following conviction of violent disorder. He appealed on several grounds. The prosecution followed a violent altercation between extended family members within two families during the National …
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How should a sentencing judge account for days spent on qualifying curfew? A was convicted of a drugs offence and failure to surrender to custody. He was sentenced to 50 months and four weeks in prison respectively (less 118 days spent in custody on remand). The offences were committed while he was subject to electronic …
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A, now 47, was sentenced to a total of 18 years’ imprisonment following the historic sexual abuse of his sister when he was between the ages of around 14 to 19. The impact on the complainant was significant. Her victim personal statement explained how she suffered from PTSD, panic attacks, flashbacks, an eating disorder and …
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The sentencing judge erred in failing to adjust A’s sentence to account for substantial personal mitigation (other than a one-third reduction for his age). A pleaded guilty to wounding with intent and an immediate custodial sentence of three years seven months in a young offender institution was imposed. He was 17 at the time of …
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Practitioners will welcome new Law Society guidance on advocacy in the youth court. Children are particularly vulnerable, and may be in care and have complex needs. The guidance provides a ‘basic introduction’ to working with children in the youth justice system, and signposts readers to regulatory guidance and several further resources. The guidance follows last …
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Practitioners should note recent changes to the Criminal Procedural Rules which came into force from 7 October 2024 (made by the Criminal Procedure (Amendment No. 2) Rules 2024). The Criminal Procedure Rules and PD 2020 includes those changes, which are: Replaced: Parts 36 (appeals to the CA) and 43 (appeal or reference to the SC) …
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Suspending a sentence was unlawful as the sentence was too short under the legislation. D was sentenced after failing to surrender to his bail on time for the start of his trial. At trial, he was acquitted of assault offences but for his breach of the Bail Act, he was given a sentence of seven …
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D appealed a sentence imposed for several Class A drug offences. She was sentenced to 54 months’ imprisonment, just a month after giving birth. For three of those offences, she was sentenced to 38 months for each (to run concurrently). She appealed on the basis that: Her role in the offences had been mischaracterised and …
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