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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.

R v Pogmore

The offence of blackmail can be committed by sending a demand whilst outside of England and Wales.
3 May 2018

Commissioner of Police of the Metropolis v DSD and another

Duty on police to investigate
3 May 2018

Lauri Love v The Government of the United States of America & Liberty

The High Court has ruled that Mr Love should not be extradited to the US to face charges as it would be “oppressive” for him to be tried in the US, but not the UK.
20 March 2018

Oraki v DPP

Self-defence, or defence of another, is available as a defence to a charge of obstructing a police officer under s.89(2) of the Police Act 1996.
20 March 2018

R v RJ

When considering how to adduce apparently similar evidence, care is needed in deciding on what basis the evidence should be admitted or excluded.
7 February 2018

Loake v CPS

The defence of insanity is available on a charge of harassment contrary to Section 2(1) of the Protection from Harassment Act 1997.
7 February 2018

Ivey v Genting Casinos

The test for ‘Dishonesty’ as established by R v Ghosh [1982] QB 1053 is modified by the Supreme Court.
29 November 2017

Lewis & Anor, R v

A terminatory ruling in a murder case was upheld, despite highly suspicious circumstantial evidence, where there were too many possible inferences from the circumstantial evidence for a jury to safely convict.
29 November 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

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 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

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 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

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 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

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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.