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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 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

Kahar & Ors, R v

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

Socha v D.C. Ostravia (Czech Republic) & Ors

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
18 April 2016

Jogee

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.
21 March 2016

Johnson, R

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.
21 March 2016

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

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