When assessing compensation for loss of earning arising out of a miscarriage of justice, the money that the defendant would have had to pay for his living expenses were he not in prison should be deducted.
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Aggressive, but non-violent behaviour as a result of not taking medication did not amount to reprehensible conduct so as to be admissible in relation to an allegation of murder. Further, even if the court were wrong on that, it would not amount to important explanatory evidence.
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The proceeds of cheating the public revenue could amount to “criminal property” under s.340(5) for the purposes of a money laundering allegation under Proceeds of Crime Act 2002.
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Criminal Note of Appeal against Sentence:
The appellant was convicted at Aberdeen High Court on 21 February 2006, following trial on a charge of contravening section 1 of the Road Traffic Act 1988. On 14 March 2006 the trial judge imposed a sentence of five years imprisonment. He also disqualified the appellant from holding a driving licence for a period of ten years and until he passed the extended test of competence to drive. It was submitted on behalf of the appellant that the sentence imposed by the trial judge was excessive and ina ...
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An application for disclosure under s.8 CPIA 1996 fell within one of the purposes for holding a preparatory hearing under s.7 CJA 1987. However, an appeal from the preparatory hearing under s.9(11) CJA 1987 would only lie if it involved a question of law. In the instant case the judge was asked to order disclosure, rather than make a ruling on a question of law. Therefore the could be no appeal against the decision under s.9(11) CJA 1987.
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The appellant had been correctly convicted of using racially aggravated, abusive or insulting or words or behaviour with intent to cause fear or provoke violence under s.31(1)(a) Crime and Disorder Act 1998 when he called a group of Spanish women “bloody foreigners” and stated they should “go back to their own country.” The HL stated that the meaning of “racial group” in s.28(4) went beyond defining groups by their colour, race or ethnicity. The Statue provided for a flexible, non-technical appr ...
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D failed to provide information to support travel documentation required for his deportation. In his defence, D claimed that his fear of returning to his country of origin was a reasonable excuse. Held: Such a fear was not a reasonable excuse so as to afford a defence to a charge under s.35(3) Asylum and Immigration (Treatment of Claimants etc) Act 2004. `
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(1) Terrorist legislation applies to countries which are governed by tyrants and dictators. There is no exemption from criminal liability for terrorist activities which are motivated or said to be morally justified by the alleged nobility of the terrorist cause. (2) Only if the prosecution demonstrate that the activities and behaviour of D constituted the terrorist offences alleged against him, does the "reasonable excuse" issue arise. The s.58(3) defence is not available to achieve in effect ...
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D pleaded guilty to an offence under s.47 OAPA 1861. Following a Newton hearing in the magistrates' court, D was committed to the Crown Court for sentence and invited the Judge to rehear the Newton hearing. The Judge was of the view that he did not have the power to do so (s.5 PCC(S)A 2000). The Judge consented to D's application to state a case as the law was unclear. Held: (1) There was no jurisdiction to state a case as the matter related to an interlocutory hearing. (2) It was appropriate i ...
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S.152(2) and 153 CJA 2003 contained provisions that ought to have reduced prison numbers. At a time when prisons were overcrowded, Judges should bear these 2 provisions in mind when passing sentence. Unlike in the past, fines are now properly enforced so should be considered as an appropriate penalty. Custody would usually be inappropriate for first time offenders, especially if they were also young.
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