In the context of protests, the circumstances surrounding criminal damage must have a necessary proximity to the damage for an offence to be made out. S5(2)(a) Criminal Damage Act 1971 defines when a person is to be treated as ‘having lawful excuse’ for criminal damage or destroying property. An appeal ruling followed an AG’s reference …
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D appealed a concurrent sentence totalling 12.5 years for offers to supply cocaine and cannabis, and for the supply of heroin. The judge took the cocaine offences as the lead offence. On appeal, D argued that 18 years before reduction for his guilty plea was manifestly excessive on the basis that his role was significant …
Continue reading “Sentencing – drugs; leading role”
An extended 17-year custodial term imposed on D for the attempted rape of his former partner at home was manifestly excessive. In his appeal, it was argued that the judge was wrong to place his offending into harm level 1 of the sentencing guideline, given none of the level 1 factors were ‘extreme in nature’. …
Continue reading “Sentencing – sexual offences”
Practitioners should be aware of, and prepare for, the amendments to the CrimPR which come into effect on 1 April 2024. The changes introduced by the Criminal Procedure (Amendment) Rules 2024 relate to issues including (but not limited to): witness companions (independent domestic violence advisors and independent sexual violence advisors); rules about live links; correction …
Continue reading “Procedure – CrimPR”
The judge was not wrong in finding that there was a significant degree of planning ahead of an aggravated robbery, but the increase in sentence was unjustified. D had been sentenced to 11½ years in prison for an aggravated burglary and succeeded in appealing the length of sentence. The CA found that the features relied …
Continue reading “Sentencing – burglary”