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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 AIL, GH and RH

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.
10 February 2016

Collins. R (on the application of) v The Secretary of State for Justice

The case deals with the correct interpretation of. s76 (5A) of the Criminal Justice and Immigration Act 2008. The provision was also declared compatible with article 2 of the ECHR.
10 February 2016

R (on the application of Roberts) v Commissioner of Police of the Metropolis and another

Properly executed searches for knives and other offensive weapons under designated section 60 powers (which do not require reasonable suspicion) are lawful and compatible with article 8
13 January 2016

Sarwar & another (Mohammed Ahmed) v R

The motives of individuals when preparing terrorist activities do not provide mitigation, but the circumstances of each case must be considered.
13 January 2016

Welsh (Snr) and 17 others

For indictable-only offences of a cross-border nature (including Scotland), the Attorney-General’s consent must be obtained prior to sending the case to the Crown Court.
2 December 2015

Davenport v R

A case that further clarifies when a court should, and should not, make confiscation orders in combination with compensation orders.
2 December 2015

Bell v R

Once the decision to impose a discretionary life sentence has been made the minimum tariff should be set according to the sentencing regime at the time of sentence, and not when the offence was committed. This can be distinguished from mandatory life sentences for murder.
19 October 2015

R v ZTR

The Court refused to extend the common law principle that an offender's sentence can be reduced, to reflect assistance given to the authorities, to include assistance provided after sentence.
19 October 2015

R v O'Leary (Michael Patrick)

The sentencing judge is entitled to take into account racially motivated threats, as a factor which can increase the seriousness of a conviction for unlawful wounding, even if the offender has not been convicted of racially aggravated unlawful wounding
20 August 2015

R v Yasain

A case confirming the power of the Court of Appeal Criminal Division to re-open an appeal in order to correct an error
20 August 2015

R v CM, R v MM

Failure to obtain the Attorney General’s consent
28 July 2015

Matthew Yong v R

Where accessories to prohibited weapons have a 'mixed use,' in that they can be used with prohibited or non-prohibited weapons, then whether or not they are intended to be used with a prohibited weapon in the individual case will be central to liability. This is a jury question with an evidential burden on the defence.
28 July 2015

R v Hall (Emma Jayne)

The disclosure of a defendant's solicitor's police station notes waived privilege for the whole of the document.
18 May 2015

Hunter & Others

A five-judge court reviews previous authorities on good character, rejecting some as wrong, and re-states the key principles. A trial judge is not obliged to give a good character direction where a defendant is of ‘effective good character’. Misdirection as to character does not necessarily render a conviction unsafe.
18 May 2015

R v JF and another

For the purposes of unlawful act manslaughter, an objective test is applied in order to determine whether an unlawful act was dangerous
31 March 2015

Miles v R

It is not a matter for the court to decide whether photographs are indecent as a matter of law; as long as they are deemed capable of being so, the question of indecency should be left to the jury.
31 March 2015

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