We regularly review cases and comment on those we find may be of interest. Below you will find our latest case updates.
The offence of blackmail can be committed by sending a demand whilst outside of England and Wales.
Duty on police to investigate
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.
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.
When considering how to adduce apparently similar evidence, care is needed in deciding on what basis the evidence should be admitted or excluded.
The defence of insanity is available on a charge of harassment contrary to Section 2(1) of the Protection from Harassment Act 1997.
The test for ‘Dishonesty’ as established by R v Ghosh  QB 1053 is modified by the Supreme Court.
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.
Goods authorised by the trademark holder for manufacture but not for sale fell within section 92(1) of the trade Marks Act 1994
Advocates should be more vigilant when conducting sentencing exercises in the Crown Court, especially specially when considering summary only offences.
Consideration of the scope of the words “or otherwise” under section 5(6) of the Domestic Violence, Crimes and Victims Act 2004
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.
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.
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.
Consideration of the principles to be applied to a defective indictment.
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
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