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 …
Continue reading “Sentencing – vehicle as a weapon”
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”
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”
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”
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 …
Continue reading “Sentencing – apportioning harm”
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 …
Continue reading “Sentencing – youth court”
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) …
Continue reading “Procedure – Criminal Procedure Rules”
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 …
Continue reading “Evidence – good character”