We regularly review cases and comment on those we find may be of interest. Below you will find our latest case updates.
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.
Where a defendant is struggling to pay a costs order, properly made in the Crown Court, the correct forum to deal with this is the Magistrates Court; not the Criminal Court of Appeal.
Consideration of the principles that apply to appealing based on the decision in R v Jogee  UKSC 8
A sentencing judge should have regard to the guidelines, applying them in a measured and reflective manner with reference to the maximum sentence at the time of the offence.
A conviction may be unsafe where there is a disclosure failure that significantly undermines the credibility of an important witness.
Piercing the corporate veil in order to include a pecuniary advantage obtained by a defendant's company when calculating his POCA Benefit
Whether evidence given in a Newton hearing by one defendant was admissible in a trial against a co-defendant where the trial and the Newton hearing were heard at the same time in the Youth Court.
The Court of Appeal provided guidance for sentencing section 5 Terrorism Act 2006 offences.
Consideration of s.236A of the CJA 2003, the new "Special custodial sentence for certain offenders of particular concern".
When combining a period of disqualification from driving with a custodial sentence the sentencing judge should give effect to the intention of Parliament that disqualification should be served when the offender is at liberty in the community.
A spouse in a polygamous marriage may benefit from s.2 (2) of the Criminal Law Act 1977, provided their marriage is recognized under English law.
A defendant in extradition proceedings is not entitled to a witness summons compelling the production of material in respect of a parallel domestic criminal investigation
A European Arrest Warrant (EAW) with “merged” offences will be valid if the substantive offences for which sentence must be served are particularised.
In this case the defendant sold a house to her daughter for £20,000 below value - the balance being a 'gift'. When the property was later repossessed a £44,000 debt remained. However, the court refused to grant an appeal that the order was disproportionate despite the gift being no longer available.
The Judicial Committee of the Privy Council wrongly interpreted the common law when they developed the principle of “parasitic accessory liability”. Foresight should not be equated with intent. Foresight is simply evidence (albeit sometimes strong evidence) of intent to assist or encourage the principle to commit the crime, with the required mens rea for that crime, which is the proper mental element for establishing secondary liability.
Prior to the coming into force of the Anti-Terrorism, Crime and Security Act 2001, section 1 of the Prevention of Corruption Act 1906 included within it an offence of corrupting an agent of a foreign principal or a foreign body.
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.