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 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 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

R v Golds

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

R v Johnson & Others

Consideration of the principles that apply to appealing based on the decision in R v Jogee [2016] UKSC 8
21 November 2016

R v John Coleman

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.
21 November 2016

Dunn & Anor v The Crown

A conviction may be unsafe where there is a disclosure failure that significantly undermines the credibility of an important witness.
18 October 2016

Forbes & Others, R v

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.
18 October 2016

Powell & Another

Piercing the corporate veil in order to include a pecuniary advantage obtained by a defendant's company when calculating his POCA Benefit
1 September 2016

KK v Director of Public Prosecutions

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.
1 September 2016

Kahar & Ors, R v

The Court of Appeal provided guidance for sentencing section 5 Terrorism Act 2006 offences.
13 July 2016

R v Lionel Rae Fruen

Consideration of s.236A of the CJA 2003, the new "Special custodial sentence for certain offenders of particular concern".
13 July 2016

R v Paul Maurice Needham & Ors

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.
3 June 2016

R v Bala & Ors

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.
3 June 2016

Edutanu v Iasi Court of Law & Ors

A European Arrest Warrant (EAW) with “merged” offences will be valid if the substantive offences for which sentence must be served are particularised.
18 April 2016

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