In respect of a CJA 1988 receivership, CPR r.69.7(2) did not override the general rule that the Receiver’s remuneration, costs and expenses were taken from the receivership assets.
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D was in possession of a gas plug, a component part of a firearm. He argued that since the gas plug had been taken from a de-activated weapon it fell within the exemptions under s.8 Firearms (Amendment) Act 1988. Held: The fact that the item had come from a deactivated weapon did not matter. It would be easy to use the part to construct a working weapon, and therefore the exemption did not apply. D was therefore guilty of the offence under s.5 Firearms Act 1968.
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A minimum term of 12 years was increased to 15 due to the vulnerability of the victim, formidable culpability and extreme violence used to kill.
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In a case involving cut-throat defences, where one D wished to use out of court assertions by another D, s.114 CJA 2003 should be considered where that evidence did not amount to a confession under s.76A PACE 1984.
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In the case of a cut throat defence, a defendant who wished to rely on an out of court hearsay statement of a co-defendant (that did not constitute a confession for the purposes of PACE s.76A) had to apply under s.114 of CJA 2003.
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POCA 2002 s.23 could not be used to appeal against a confiscation order where the time limits for an extension under s.11 had run out and where money had been seized and forfeited under the powers of s.298 POCA 2002.
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Appeal by stated case
In February 2003, the appellant, William Smith, was convicted for being concerned in the supplying of controlled drugs and sentenced to 5 years imprisonment. No appeal was taken against either conviction or sentence and he completed his sentence. In February 2003 the appellant completed an Application to Register to Vote form and a Postal Vote Application form. On enquiry from that officer he explained that he was not being held on remand but was a convicted prisoner. Acting in terms of section ...
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Convictions under s.25 Identity Cards Act 2006 in respect of possessing identity documents with the intention of establishing registrable facts under the National Identity Register were upheld even when the National Identity Register had not yet been created.
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Criminal – Appeal
The appellant was indicted for trial on seven charges. This appeal concerned charge (7), "you…did have in your possession…prohibited weapon, namely a revolver and air cartridges." At the first diet, the procurator fiscal depute sought leave to amend the charge. The appellant was opposing the amendment on the basis that it would alter the character of the offence libelled and the penalty for the amended charge was higher. The respondent submitted that the essential character of the offence remain ...
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D appealed against the judge’s decision to deport him on the basis that the judge failed to give reasons. Held: a lack of reasons for recommending deportation was not fatal to the recommendation but made it difficult for the appellate court to determine whether the decision had been a rational one. Appeal allowed on the facts.
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