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Crime

Practice – disclosure

The high-profile collapse of a number of rape cases following disclosure failings by the police has thrown rape prosecutions into the spotlight. Against this background, the author discusses the reasons behind disclosure failings in criminal proceedings.

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Procedure – legal aid

Practitioners should note that the Criminal Legal Aid (Amendment) Regulations 2017 are in force from this month (21 February 2018). Under these regulations, various amendments are made to criminal legal aid legislation to expand the scope of criminal legal aid to include:

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Evidence – circumstantial evidence

There was strong circumstantial evidence and A’s robbery conviction was upheld by the Court of Appeal. A appealed his robbery conviction for which he was sentenced to a term of five years’ imprisonment. He denied being involved in the robbery.

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Manslaughter – duty of care

A, who ran an Indian restaurant, was convicted of manslaughter when a customer died after eating a meal containing substantial amounts of peanuts. The victim, knowing he had an allergy to peanuts, had been specifically told by a waiter that it contained no nuts.

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Evidence – good character

In this useful article, the author examines issues relating to good character following the Court of Appeal ruling in R v Green [2017]. In that case, the judge drew attention to the complainant’s good character in his summing up, telling the jury that there was a level playing field as far as character was concerned. The author says this diminished the effect of D’s good character.

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Defences – general defences

The author provides a useful summary of general defences available to defendants in light of recent case law. For instance, self-defence can potentially be a defence to allegations of both dangerous and careless driving, recognising that there may be a need for responsive force in particular circumstances.

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Sentencing – modern slavery

Practitioners defending or prosecuting sexual offences in the modern slavery context will welcome new guidance on sentencing.

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Offences – public order

What is a ‘dwelling’ for the purposes of the Public Order Act 1986 (POA)? The author of this article analyses two issues concerning public order offences in detail: the extent of the meaning of ’dwelling’; and public order offences generally.

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Procedure – hearsay

D successfully appealed his conviction on two counts of kidnapping, for which he was sentenced to four years in prison. Despite being married, D had had a relationship with a woman which had ended some time before the incident in question. On the relevant date, the woman (his ex-partner) was in her flat and a male friend was staying over that night on the sofa.

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Manslaughter – foreseeability

In assessing reasonable foreseeability of serious and obvious risk of death in cases of gross negligence manslaughter, it was not appropriate to take into account what a reasonable person in D’s position would have known but for theirbreach of duty.  

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Most-read articles

Court of Protection – trust deputies
Friday, 13 April 2018
How does the CoP approach an application to appoint a trust corporation as a deputy? HHJ Hilder has, in a recent CoP ruling involving 36 applicants and 11 trust corporations, analysed the law on the... Read more...
Professional – update
Friday, 13 April 2018
 A reminder that internal e-mails can result in SRA action; for a case involving sexist, racist and homophobic e-mails sent to a work colleague see [2018] LSG 12 February 2. Read more...
CFA – assignment
Friday, 13 April 2018
The introduction of LASPO in April 2013 caused problems for clients who already had CFAs, but then wanted to move to another firm. Read more...
Agent of change – new builds?
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The ‘agent of change’ principle has been hotly debated in planning circles for some time. Indeed, the concept is likely to feature in the revised National Planning Policy Framework and the draft... Read more...
Withdrawing admissions – increase in value?
Friday, 13 April 2018
Suppose a defendant is faced with a low-value claim and decides to admit liability; later, it turns out that there is a significant increase in the value of the claim. At that stage, can the... Read more...
Service charges – estoppel?
Friday, 13 April 2018
Suppose service charges have been raised for many years in a way that does not properly accord with the wording of the lease; if T subsequently questions those service charges, can L argue that... Read more...
Service charges – code of practice
Friday, 13 April 2018
The RICS has published the proposed changes to its Code of Practice on service charges. The important change is that RICS members must act in accordance with eight core principles; the Code is no... Read more...
Japanese knotweed – nuisance
Friday, 13 April 2018
One of the (potentially) most important decisions last year was a humble county court case in which it was held Network Rail was liable after Japanese knotweed grew close to neighbouring terraced... Read more...
Adoption – new regulations
Friday, 13 April 2018
 A number of new provisions in relation to adoption are in force (as of 5 January 2018) under the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018. Read more...
Sickness – on holiday
Friday, 13 April 2018
 A worker who falls ill during annual leave is entitled to take that holiday leave at a later date. This is so whether the sickness commenced before, or during, the holiday. Read more...

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