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Advocates should be more vigilant when conducting sentencing exercises in the Crown Court, especially specially when considering summary only offences. This case was an appeal against a number of convictions and against overall sentence….
Goods authorised by the trademark holder for manufacture but not for sale fell within section 92(1) of the trade Marks Act 1994 The Appellants were charged with offences contrary to section 92(1) of the…
Consideration of the scope of the words “or otherwise” under section 5(6) of the Domestic Violence, Crimes and Victims Act 2004 Shahena Uddin suffered severe abuse within her family home which resulted in her…
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. PF was charged with six counts…
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…
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…
Consideration of the principles to be applied to a defective indictment. Mr Coatman was convicted of two counts of Gross Indecency contrary to section 13 of the Sexual Offences Act 1956 ("SOA 1956"). These…
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 Mr Turk stood trial for one offence of rape,…
Self-defence can be a defence to dangerous driving, in rare circumstances The Appellant was convicted after trial on a count of making off without payment and a count of dangerous driving. The jury was…
The Court of Appeal considers the appropriate sentencing reduction for extreme old age. Mr Clarke, aged 101, was convicted of a large number of historical sexual offences against three of his young relatives. He…
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