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Case Updates

We regularly review cases and comment on those we find may be of interest.  Below you will find our latest case updates.

Dean Christopher Maxwell v R

Advocates should be more vigilant when conducting sentencing exercises in the Crown Court, especially specially when considering summary only offences.
30 October 2017

R v M

Goods authorised by the trademark holder for manufacture but not for sale fell within section 92(1) of the trade Marks Act 1994
30 October 2017

R v PF

Consideration of the proper requirements for the rebuttal of the common law presumption of doli incapax when a defendant is being treated as below the age of 14.
8 September 2017

R v Tohel Uddin

Consideration of the scope of the words “or otherwise” under section 5(6) of the Domestic Violence, Crimes and Victims Act 2004
8 September 2017

Markham & Edwards v R

The Court of Appeal decided that it was in the public interest to remove the reporting restrictions in a case involving two 15-year olds who were convicted of murder. There are other points in this appeal, but this note focuses just on the reporting restriction issue.
12 July 2017

R v Kay

The partial defence of diminished responsibility can still be relied upon by someone suffering a recognised medical illness who is voluntarily intoxicated, but only if the criteria in section 2(1) of the Homicide Act 1957 are met.
12 July 2017

R v Walker, R v Coatman

Consideration of the principles to be applied to a defective indictment.
14 June 2017

R v Turk (deceased)

A judge is not entitled to proceed with a trial after the death of a defendant and verdicts returned in such circumstances are a nullity
14 June 2017

Tracey Riddell

Self-defence can be a defence to dangerous driving, in rare circumstances
2 May 2017

R v Clarke and R v Cooper

The Court of Appeal considers the appropriate sentencing reduction for extreme old age.
2 May 2017

R v Tsekiri

There is no legal or evidential principle which states that a jury cannot consider a case which depends solely on DNA evidence left on an object by a defendant at a crime scene.
13 March 2017

R v Reynolds

It is not inappropriate to have a confiscation order run alongside a repayment arrangement. Issues around the sale of a family home are primarily for the enforcement stage.
13 March 2017

R v Da Silva

The amount of costs a defendant is ordered to pay after conviction should properly take into account the defendant’s acquittal on at least one count and their limited means and ability to pay any amount of costs ordered.
10 February 2017

R. v Ehi-Palmer

Consideration of trial in absence for a defendant who suffered a drug induced psychosis mid-trial.
10 February 2017

R v Golds

Consideration of the meaning of “substantially impaired” in diminished responsibility cases.
19 December 2016

R v Mitchell (Angeline)

A jury does not need to be satisfied of the truth of each incident when considering propensity; they should consider on all the prosecution evidence if they are satisfied that there is propensity.
19 December 2016

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At every stage in our history we have championed equal opportunities. We have also earned a reputation for excellence, whether defending or prosecuting and many of our former members have gone on to be Judges and even a Judge Advocate General.