There was no arguable ground to adduce fresh expert evidence under s23(3) CAA 1968 allowing an appeal against conviction. D was sentenced to a total of 42 months’ imprisonment on conviction of two counts of causing GBH under s18 OAPA 1861. He appealed and sought to introduce fresh expert psychological evidence. Before being sentenced, the …
Continue reading “Fresh evidence – safety of conviction”
Delay has become a serious problem in the criminal justice system, with lengthy periods often passing before an offender is charged – and further delays before a trial date is set. In this case, there was a delay between D being interviewed in 2017 and being charged in 2023. The CA concluded that the sentencing …
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The judge’s legal directions contained fundamental and material misdirections of law and D’s conviction for manslaughter was unsafe and was quashed. D was convicted of manslaughter and sentenced to three years in prison. In summary, D was 46 and she suffered from cerebral palsy. At the time of the incident, D was walking along part …
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The war on drugs-related crime continues with six new synthetic opioids being classified as Class A – adding to the 15 synthetic opioids already made subject to the strictest level of controls earlier this year. The six new drugs include acyl piperazine opioids and derivatives, including 2-methyl-AP-237; and (importantly) any new nitazenes detected in the …
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Criminals are increasingly bold in their use of crypto assets for money laundering and related crime. New rules have been introduced, giving powers to the police and NCA to seize a suspect’s crypto assets without any arrest having been made. Related items, such as flash drives, memory sticks and written passwords, can also be seized. …
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D was disqualified from driving for two years but, around 18 months later, breached that disqualification by driving a rented Audi Q7 car. He pleaded guilty to driving while disqualified (and to two further offences of possessing an offensive weapon and affray). The judge sentenced him to four months’ imprisonment for the driving offence and …
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When an adult is sentenced for sex offences committed as a child, the starting point is the sentence likely to have been imposed if sentenced shortly after the offence – a principle established in R v Ahmed [2023] EWCA Crim 281. At issue in this case was whether the sentencing court should also take account …
Continue reading “Sentencing – historic sex offences; early release provisions”