Sixteen years after pleading guilty to theft and firearm offences, D appealed his conviction on the basis of fresh evidence. He sought permission to call two witnesses with that fresh evidence. The evidence concerned alleged police corruption during the trial and of entrapment which had been withheld by the prosecution. D said the fresh evidence …
Continue reading “Convictions – fresh evidence”
A reminder for practitioners that amendments to the Criminal Procedure Rules 2020 came into effect on 7 April. The Criminal Procedure (Amendment) Rules 2025 include: Clarifying the procedure on an application for a court order requiring a bank to allow a party to a criminal case to inspect and copy bank records (see s7 Bankers’ …
Continue reading “Procedure – amended CrimPR”
When passing sentence on M for a historical sex offence (in the mid-1980s), the judge made no error of principle, nor was there any arguable ground that the sentence was manifestly excessive. M was convicted of buggery under the SOA 1956 and sentenced to three years’ imprisonment. He appealed on the basis that the sentence …
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‘This was an exceptionally, if not uniquely, difficult sentencing exercise. Having presided over the trial, the judge was in a far better position than this court to balance the various features and reach a just conclusion. That does not, of course, mean that his decision is inviolate. The principles are not in doubt.’ So said …
Continue reading “Sentencing – mitigating factors”
The rise in LIPs in criminal cases has increased steadily in recent years. This means the number of unmeritorious appeal applications are increasing in the absence of expert legal advice. In this case, Bryan J used the court’s legal powers to discourage such applications where D sought to appeal to the CA, out of time, …
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D was sentenced to life imprisonment with a minimum term of 22 years following the attempted murder of his estranged wife (W). He had a history of violence and was already subjected to a NMO barring him from contacting W. D appealed his conviction, unsuccessfully, on several grounds. However, the CA found that the judge …
Continue reading “Sentencing – aggravating factors”
This was the high-profile case of Lucy Connolly (D), sentenced to 31 months in prison in the wake of the Southport riots in the summer of 2024. She was convicted of inciting racial hatred under s19(1) Public Order Act 1986 in an X (twitter) post. She appealed her sentence, arguing it was manifestly excessive for …
Continue reading “Sentencing – Lucy Connolly; aggravating factors”