Mr Black is serving concurrent and consecutive sentences totalling 24 years. The sentences were imposed by independent judges after due consideration. When these sentences were passed, s.2 of the Criminal Justice Act 1991 applied. The sentences constitute prima facie lawful authority for Mr Black’s detention for a total period of 24 years. Providing there is nothing under the domestic law to make his continued detention in terms of the sentences unlawful, his detention is ...
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Shaun Riley worked for Chargot Ltd who were involved in the construction of a car park at a farm in Lancashire. The dumper truck which Mr Riley was driving tipped over on its side and he was buried by the load of spoil that he had been transporting. It was some time before he could be pulled out, attempts to revive him were unsuccessful and he died the following day in hospital. Criminal proceedings were brought against the Chargot (first appellant) under s.33(1)(a) of the Health and Sa ...
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In these two appeals there is a common underlying problem: if the police are alerted to a threat that D may kill or inflict violence on V, and the police take no action to prevent that occurrence, and D does kill or inflict violence on V, may V or his relatives obtain civil redress against the police, and if so, how and in what circumstances? In the Van Colle case, the threat was made by Mr Brougham against Mr Van Colle (“Giles”) and culminated in the murder of Giles by Brougham. In ...
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In March 2005, the four appellants were convicted before a judge and jury of murdering Tyrone Clarke in April 2004. It was not alleged or proved that any of the appellants had personally struck the fatal blow or blows and they were convicted as accessories or secondary parties to the joint enterprise which culminated in the death of Mr Clarke. The Criminal Division of the Court of Appeal dismissed their appeals against conviction in February 2007. Their appeals to the House rai ...
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On New Year’s Day ‘02, a shot was fired which killed two men. The appellant, Iain Davis, was in due course extradited from the US, indicted on two counts of murder, tried at the Central Criminal Court before His Honour Judge Paget QC and a jury and, convicted on both counts. He appealed to the House of Lords against the dismissal of his appeal against conviction by the Court of Appeal Criminal Division. At trial the appellant admitted that he had been at the party but claimed that h ...
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The US sought extradition in relation to price fixing charges (cartel offences) alleged between 1999 and 2000. At the time those activities were not offences in the UK, accordingly the offence was not an extradition offence. Further, the HL was satisfied that it had an inherent power to remit the case back for consideration by the magistrates' court of issues surrounding the 3 remaining extradition charges.
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The absence of a signed indictment at the outset of and during most of the trial had the legal effect of invalidating the proceedings. Such invalidity was not cured by the late signature of the proper officer, and the convictions were quashed.
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An interest in an unadministered estate and a claim for damages for personal injury fell within the definition of ‘things in action’ and were “property” within the meaning of art.3(1) of the Proceeds of Crime (Northern Ireland) Order 1996.
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The question for the court on extradition was whether the relevant sentence was for 4 months or more. A sentence, representing individual sentences, some of less than 4 months, but aggregated to more than 4 months, qualified.
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It was not for a magistrate examining an extradition request to try and determine whether or not the requesting State had made out a case to answer against D. The main question was whether or not the offence was an extradition offence. Therefore habeas corpus was not available as a remedy in those circumstances.
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