The overriding principle of totality is that the overall sentence should reflect all the offending behaviour, with reference to overall harm and culpability and the aggravating and mitigating factors relating to the offences, and those personal to the offender. The sentence should also be just and proportionate. In this case, a sentence of 18 years’ …
Continue reading “Sentencing – mitigation”
The Voyeurism (Offences) Act 2019 created two new offences of what’s known as ‘upskirting’. A was convicted of voyeurism but appealed on the basis there was no case to answer. A, a railway worker, was on a train wearing his uniform and took several pictures of his victim (C) while she was asleep. CCTV showed …
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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 …
Continue reading “Procedure – hearsay”