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Crime

Sentencing – causing death by dangerous driving

A was sentenced to five years and two months in prison, having pleaded guilty to causing death by dangerous driving under s1 RTA 1988.

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Sentencing – careless driving

A lost his appeal against sentence following his conviction for causing death by careless driving. He had been sentenced to two years in prison, and disqualified from driving for five years (and until he passes an extended retest).

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Offences – mens rea

This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having reasonable cause to suspect it would, or might, be used for terrorism.

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Sentencing – manslaughter

The Sentencing Council has issued a new definitive guideline on manslaughter which applies to all offenders aged 18 and older, who are sentenced on or after 1 November 2018, regardless of the date of the offence.

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Evidence; sentencing – summary of developments

The author gives a useful update on the use of specimens, sentencing, and terrorism in light of the latest judgments from the criminal courts and other recent developments.

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Convictions – theft or fraud by misrepresentation

A thief is not necessarily a fraudster, and a fraudster is not necessarily a thief – as this recent case illustrates.

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Jurisdiction – confiscation proceedings

If the prosecution is discontent with the terms of a default order in confiscation proceedings, the Court of Appeal does not have jurisdiction to determine a challenge to that order.

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Sentencing – drugs offences

An unduly lenient sentence was imposed by the trial judge following D’s third drugs conviction. D’s previous criminal record had significant consequences for him such that s110 Powers of Criminal Courts (Sentencing) Act 2000 came into play.

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Sentencing – terrorist offences

New sentencing guidelines for terrorist offences, where offenders are sentenced from 27 April 2018, are now in force.

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Sentencing – hospital orders; hybrid orders

In this article, the author (who represented the appellant) considers the making of hospital orders in criminal proceedings, and the use of hybrid orders, following a Court of Appeal ruling.

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Page 5 of 68

Most-read articles

LPAs – gifts by attorneys
Wednesday, 13 November 2019
Giving attorneys the power under an LPA to make gifts to others and themselves can invalidate it, the Office of the Public Guardian (OPG) has ruled in a test case. The law limits the power of... Read more...
VAT and disbursements – Law Society guidance
Wednesday, 13 November 2019
The Law Society has issued a detailed new practice note ‘VAT Treatment of Disbursements and Expenses’ (8 October 2019) following two recent cases in which the concept of disbursements has been... Read more...
Socialising with colleagues – a thing of the past?
Wednesday, 13 November 2019
 It is not the role of The Practical Lawyer to judge. But firms would be well advised to re-visit their attitude to lawyers socialising with each other following a recent high-profile case of the... Read more...
Trial bundles – careful preparation required
Wednesday, 13 November 2019
Rather like buses, one waits for judicial comment on court documents and trial bundles, and then two come along at once. An article discusses a recent case in which the court was unimpressed with the... Read more...
Infant approval hearing – top tips
Wednesday, 13 November 2019
An interesting article provides some practical advice on achieving the court’s approval in infant approval hearings. This is a mechanism by which the court considers and, hopefully, approves the... Read more...
Tenant Fees Act 2019 – fully into force
Wednesday, 13 November 2019
We have reported in our March 2019 (p27) and May 2019 (p28) editions on the introduction of the Tenant Fees Act which came into force for new tenancies and licences to occupy on 1 June 2019. The Act... Read more...
CVA – use to reduce rent
Wednesday, 13 November 2019
 If a limited company is insolvent, it can use a CVA to pay creditors over a fixed period. If creditors agree, the limited company can continue trading. The CVA has been used by companies in the... Read more...
Rectification of title – what is ‘exceptional’?
Wednesday, 13 November 2019
The HC has considered whether or not to correct a mistake on a registered title. Under Sch 4 LRA 2002 the court can order rectification but no order may be made without the proprietor’s consent in... Read more...
Paternity – best interests
Wednesday, 13 November 2019
What’s the court’s approach to paternity cases when the issue arises years after the child’s birth, and in circumstances where both child and F always believed F was the biological father, but... Read more...
Religious beliefs – not always protected
Tuesday, 12 November 2019
The ET has heard an interesting case relating to a person’s religious beliefs. The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society. It replaced... Read more...

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