The issue in this case is as to the scope of the words “unable to communicate” in s.30(2)(b) of the Sexual Offences Act 2003. The defendant was charged with intentionally touching the complainant by penetrating her mouth with his penis. The complainant was unable to refuse because of or for a reason related to a mental disorder and the defendant knew or could reasonably have been expected to know that she had a mental disorder and that because of it or for a reason related to i ...
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Mr Khoury was the chairman, general manager and a director of the Consolidated Contractors International Company SAL (“CCIC”). He has at all times been habitually resident in Greece. In July 2007, Mr Masri obtained without notice an order for his examination as an officer of CCIC in respect of CCIC’s means under CPR 71. The order, granted without notice and on paper by Master Miller, provided for service on the London solicitors then acting for CCIC. It was common ground that t ...
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This case raises a short but important point about the meaning of the expression “market value” in s.79 of the Proceeds of Crime Act 2002. The relevant subsections provide as follows: “(1) This section applies for the purpose of deciding the value at any time of property then held by a person. (2) Its value is the market value of the property at that time.” The question on which the House granted leave to appeal has focussed the issue in this way - “For the ...
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This case involved discussion of indeterminate sentences for public protection (“IPPs”) under s.225 of the Criminal Justice Act 2003. Due to the vast numbers of IPPs, the National Offender Management Service (NOMS) was unable to give effect to the Secretary of State’s published policy in Prison Service Order 4700: to give all life sentence prisoners “every opportunity to demonstrate their safety for release at tariff expiry.” s.28(5) of the Crime (Sentences) Act 19 ...
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This appeal raised two questions in connection with the interpretation of Part I of the Drug Trafficking Act 1994 – (1) its meaning and consequent effect disregarding s.3 of the Human Rights Act 1998 and (2) the impact of art.6 of the ECHR on that meaning and effect. Lord Phillips of Worth Matravers noted that under the Drug Trafficking Act 1994, the assets of a defendant convicted of a drug trafficking offence are liable to confiscation to the extent that he has benefited from drug traff ...
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The appellant was charged with 12 counts of offences of causing or inciting a child under 13 to engage in sexual activity contrary to s.13(1) of the Sexual Offences Act 2003. The appellant sought to advance, on the basis that he had not known that what he was doing was wrong, a defence that he was doli incapax. He had been 12 years old at the time. He sought a preliminary ruling from the trial judge that this defence was open to him. The trial judge ruled that it was not. Upo ...
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In February 2006 a solicitor called Manmohan Sandhu appeared before the Antrim Magistrates’ Court charged with incitement to murder, and four counts of doing acts tending and intended to pervert the course of justice. The court was told that the case against Mr Sandhu was based on covert electronic surveillance carried out by the police of conversations between himself and clients who were purporting to consult him in the serious crime suite at Antrim Police Station. The fact that the case ...
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The HL held that covert surveillance of communications between lawyers and clients under RIPA 2000 was permissible even if those matters were covered by legal professional privilege
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These two appeals raise issues relating to the interpretation of s.58 of the Terrorism Act 2000. R v. G G faces two counts of terrorism – (1) under s.5(1) of the Terrorism Act 2006 for preparing to commit acts of terrorism; (2) under s.58 of the 2000 Act for collecting information of a kind that was likely to be useful to a terrorist. The explanation which G gave for collecting and recording the information (whilst he was custody for another matter) was that he wanted to “win ...
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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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