The refusal of a prosecution adjournment was a ruling to which s.58 CJA 2003 applied.
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There were issues which the jury had to determine and they were deprived of the fair opportunity to reach rational conclusions; the aim of an expeditious and focused trial. In those circumstances, the trial process was so defective, and the failure of the summing-up to cure those defects so great, that the verdicts were unsafe.
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Reduction in sentences for ‘turning Queen’s evidence’ in proceedings for charges under the Serious Organised Crime and Police Act 2005.
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Solicitors or Counsel cannot withdraw if the court refuses what in their view is a proper adjournment period in which to prepare the case. To withdraw following a refusal to adjourn for the asked period is not consistent with professional obligations imposed on both branches of the profession.
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Unfairness of police officers and CPS employees sitting as jurors leading to successful appeals against conviction.
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In the case of a fully-informed and responsible adult, it would never be appropriate to find him guilty of manslaughter where that person has been involved in the supply of a class A controlled drug, which is then freely and voluntarily self-administered by the person to whom it was supplied, and the administration of the drug then causes his death.
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Life imprisonment sentence of 6 years for attempted murder substituted with a Hospital Order for an indefinite period.
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Criminal Note of Appeal Against Conviction & Sentence:- On 20 June 2003, at the High Court in Edinburgh, the appellant was found guilty of ten out of fourteen charges following trial. The appellant was a member of the de la Salle Order. Following training, the appellant took his vows in 1959, after which he went to work at St Ninian's School, Gartmore, an approved school, where he worked between 1961 an 1969. The appellant was a welfare officer. In relation to the ten charges of which he was ...
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Sentences for murder reduced because of mitigating factor of absence of intention to kill.
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Sentence of 6 years concurrent on each count for 4 counts of causing death by dangerous driving was excessive and reduced to 4 and a half years.
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