Case Updates

We regularly review cases and comment on those we find may be of interest.  Below you will find our latest case updates.

Oraki v DPP

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.
20 March 2018

R v RJ

When considering how to adduce apparently similar evidence, care is needed in deciding on what basis the evidence should be admitted or excluded.
7 February 2018

Loake v CPS

The defence of insanity is available on a charge of harassment contrary to Section 2(1) of the Protection from Harassment Act 1997.
7 February 2018

Lewis & Anor, R v

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.
29 November 2017

Ivey v Genting Casinos

The test for ‘Dishonesty’ as established by R v Ghosh [1982] QB 1053 is modified by the Supreme Court.
29 November 2017

Dean Christopher Maxwell v R

Advocates should be more vigilant when conducting sentencing exercises in the Crown Court, especially specially when considering summary only offences.
30 October 2017

R v M

Goods authorised by the trademark holder for manufacture but not for sale fell within section 92(1) of the trade Marks Act 1994
30 October 2017

R v Tohel Uddin

Consideration of the scope of the words “or otherwise” under section 5(6) of the Domestic Violence, Crimes and Victims Act 2004
8 September 2017

R v PF

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.
8 September 2017

Markham & Edwards v R

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.
12 July 2017

R v Kay

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.
12 July 2017

R v Turk (deceased)

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
14 June 2017

R v Walker, R v Coatman

Consideration of the principles to be applied to a defective indictment.
14 June 2017

R v Clarke and R v Cooper

The Court of Appeal considers the appropriate sentencing reduction for extreme old age.
2 May 2017

Tracey Riddell

Self-defence can be a defence to dangerous driving, in rare circumstances
2 May 2017

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

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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.