The Court Martial Appeal Court made an order under s.11 Contempt of Court Act 1981 granting anonymity to five soldiers in proceedings against them for conspiracy to defraud, as there was a real and immediate risk to the lives of two of the soldiers if any one of the five was identified.
|
Where D had made numerous and persistent phone calls to a small company within a short period of time, and had among other things mentioned the personal details of the recipient, a prima facie case that that course of conduct amounted to harassment was established, and a magistrates' court had accordingly erred in finding there had been no case to answer.
|
Pursuant to s.4 CDA 1998 there is no right of appeal against a decision by the magistrates’ court to vary or discharge an ASBO. The absence of such a right does not violate Art.6 ECHR.
|
Criminal Appeal Against Sentence:- On 16 November 2006 the appellant was driving a car in Great Western Road, Glasgow when he was stopped by police officers. He was found to be driving while disqualified. He was also found to have a quantity counterfeit bank notes in his possession. On 25 January 2007, the appellant was sentenced in the sheriff court to 8 months back-dated to 17 November 2006 in respect of the offence of driving while disqualified. He served that sentence as a short-term prisone ...
|
A decision of a magistrates' court to convict D of assault PC was quashed where its decision had given the impression that it had not applied the correct criminal standard of proof but rather the civil standard.
|
Sentences of 1 year and 44 weeks' imprisonment both suspended for 2 years and imposed respectively on two Ds for wounding with intent were not unduly lenient, as there was strong personal mitigation and the sentencing judge had delivered carefully reasoned sentencing remarks.
|
The sentencing provisions in s.269 and sch.21 CJA 2003 were not intended to be applied inflexibly. A man who wished to have his wife murdered, and arranged and agreed to pay for it, should not have a lower minimum term starting point than the one employed to carry out the killing, merely because the facts did not fit the specific CJA high seriousness criteria, especially in circumstances where it was the husband who in fact carried out the murder.
|
A sentence of life detention with a minimum term of 16 years and 3 months for murder and causing GBH with intent was reduced by 9 months to reflect the fact that D had admitted to manslaughter in his early interview and was not advised to plead guilty until the date of the trial due to issues relating to fitness to plead. Sentences imposed on 4 other offenders arising from the same incident were not varied as the Judge had dealt with sentencing carefully, and any personal mitigation was greatly ...
|
A judge setting a minimum term in a transitional case under Sch.22 para.6 CJA 2003 was entitled to take into account a prisoner's exceptional progress in prison, and any assistance given to the authorities, but the standard of progress or assistance had to be very high.
|
Where a court had failed to address a juror's explanation as to why he had been absent from court, it could not justify a conclusion that the absence was unreasonable.
|
| 1 2 3 4 5 6 7 8 9 10 ... |