Archives: Crime

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Sentencing – murder

September 2021 | Crime

A was convicted of manslaughter, murder and other offences and was sentenced to life for the murder charge, with a minimum term of 28 years. At issue on appeal was whether the sentencing judge gave sufficient weight to the fact that A was just 18 years and 9 months when he committed murder. But for …

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Sentencing – discount for age

September 2021 | Crime

A pleaded guilty to five counts of robbery and related offences and appealed his sentence. He was 15 at the time the offences were committed and also when he was sentenced. It was also the first time he had come before the criminal court. Significantly, A’s overall term had been increased to reflect the number …

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Sentencing – time served

September 2021 | Crime

When might time served be taken into account when imposing a custodial sentence? D argued that the total sentence imposed for a number of offences of indecency and indecent assault was manifestly excessive and wrong in principle for a number of reasons. His appeal succeeded in respect of one of those grounds (relating to assault …

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Sentencing – wounding with intent

September 2021 | Crime

A failed in his appeal against the sentence of seven years and nine months imposed on conviction of wounding with intent. The victim was his wife of 18 years and A had researched and carefully planned the attack. On appeal there were a number of grounds, including that the judge had wrongly failed to take …

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Drugs offences – new drugs

September 2021 | Crime

New regulations now classify flualprazolam (a tranquiliser), flunitrazolam (a sedative) and norfludiazepam as Class C drugs for the purposes of the misuse of drugs legislation. They are placed within new rules as drugs with no known legitimate medicinal use in the UK. The relevant SIs are the Misuse of Drugs Act 1971 (Amendment) Order 2021 …

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Sentencing – common assault and murder attempts

July/August 2021 | Crime

The courts now have the power to impose more severe sentences in cases of assaults against emergency workers. Revised guidelines for the sentencing of common assault on emergency workers and attempted murder came into force on 1 July 2021. For the first time, magistrates and judges have specific guidance for sentencing in such cases. The …

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Sentencing – attempted murder

July/August 2021 | Crime

D was his victim’s attorney and had been convicted of her attempted murder and sentenced to 11 years 8 months’ imprisonment. He was also convicted and sentenced for fraud by abuse of his position. In short, D had defrauded V to the tune of six figures over a long period of time, then tried to …

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Sentencing – conspiracy

July/August 2021 | Crime

The total sentence passed on A was just and proportionate, the CA ruled, in an appeal following a conspiracy to supply class A drugs. He had admitted the full extent of his role in a drugs conspiracy but claimed the prosecution had overstated his role within it, particularly in relation to a related firearms conspiracy. …

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Offences – causing death by dangerous driving

July/August 2021 | Crime

When might an intervening act break the causative link and make a conviction wrong or unfair? D appealed convictions for causing death by dangerous driving, causing serious injury by dangerous driving, and causing death by driving while uninsured. Among the issues on appeal was the chain of causation between his driving and death/serious injury and …

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Sentencing – child sex offences

July/August 2021 | Crime

A’s offending was so serious that taking half rather than two-thirds of the notional determinate sentence resulted in an unduly lenient sentence. A was convicted of 40 child sex offences involving 23 victims and for which he was sentenced to life. The AG appealed and, as Dame Victoria Sharp P noted, this was the third …

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