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Piercing the corporate veil in order to include a pecuniary advantage obtained by a defendant’s company when calculating his POCA Benefit Here two directors, Powell and Westwood, of Wormtech Limited (a company specialising in…
Whether evidence given in a Newton hearing by one defendant was admissible in a trial against a co-defendant where the trial and the Newton hearing were heard at the same time in the Youth Court.
The Court of Appeal provided guidance for sentencing section 5 Terrorism Act 2006 offences. In the absence of Sentencing Council guidelines, the Court of Appeal (Court) provided detailed guidance for sentencing s.5 Terrorism Act…
Consideration of s.236A of the CJA 2003, the new “Special custodial sentence for certain offenders of particular concern”. s.236A came into force on 13th April 2015. It applies to sentences imposed on or after…
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…
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. John Burton QC and Christopher Bertham of 3 Temple…
A European Arrest Warrant (EAW) with “merged” offences will be valid if the substantive offences for which sentence must be served are particularised. The High Court was requested to consider the validity of EAWs…
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 Simon Gledhill of 3 Temple Gardens acted for the…
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…
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…
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