Archives: Crime

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Procedure – Sentencing Code

December 2020/January 2021 | Crime

The new Sentencing Code is now in force as of 1 December 2020 and consolidates the wide-ranging sentencing procedural laws and provisions. It covers both adult and youth offending (including armed forces personnel) and applies to anyone convicted after that date. The Code simplifies the sentencing laws which have developed in a highly piecemeal fashion …

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Covid-19 – appeals

December 2020/January 2021 | Crime

An application for an extension of around 14 months to appeal a sentence following conviction for drugs offences was refused by the CA. Originally, the application for leave to appeal was apparently made late because of new facts raised by a financial investigation under POCA 2002. But at the hearing, the focus was on the …

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Sentencing – punishment

December 2020/January 2021 | Crime

D was sentenced to a three-year community order with a rehabilitation activity requirement of 30 days; and ordered to undergo six months of alcohol treatment. He had been convicted of wounding with intent. The AG successfully appealed on the basis the sentence was unduly lenient as it lacked any punitive element. If the court makes …

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Sentencing – environmental offences

December 2020/January 2021 | Crime

The CA recently ruled on an appeal which had broader significance for sentencing in cases of environmental damage. A pleaded guilty and had been fined and sentenced to nine months in prison suspended for 24 months with 180 hours of unpaid work on each of four counts concurrent. Because of financial problems, he had allowed …

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Procedure – autrefois convict

November 2020 | Crime

A recent case considered the doctrine of autrefois convict – that is, where D claims to have been previously convicted of the same offence so they cannot be tried for it again. While driving his car, D struck the victim but failed to stop. The victim died of his injuries and D was arrested. The …

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Witnesses – complaint evidence

November 2020 | Crime

D lost his appeal against a conviction for five counts of ‘historical’ sexual abuse for which he received custodial sentences of up to 12 years. He appealed on grounds that: The judge erred in directing the jury that D’s conviction for theft 34 years before he gave evidence could be held against him in the …

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Procedure – identity

November 2020 | Crime

D appealed a conviction for indecent assault, having insisted from the start that it was a case of mistaken identity. An issue on appeal concerned the admissibility of Facebook identification, and police failure to conduct a formal identification exercise in breach of Code D of PACE (neither the complainant, nor her mother, had been invited …

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Sentencing – mitigation

November 2020 | Crime

D pleaded guilty to two counts of wounding with intent and was sentenced to two concurrent terms of 11 years’ detention in a young offender institution. He appealed his sentence on grounds that the sentence failed to adequately take into account the mitigating features. The mitigating features argued included that, other than the fact that …

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Sentencing – theft

November 2020 | Crime

The Solicitor General successfully intervened in an appeal against sentence. The defendant stole a wallet and some cash from the home of an elderly couple after knocking on the door, pretending to be a carer and walking in without permission. A few days later, she returned to the house and looked around for jewellery, but …

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