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5 May 2009, 2:30 am
R v Briggs-Price [2009] UKHL 19; [2009] WLR (D) 142 “A confiscation order could be made under the Drug Trafficking Act 1994 in respect of benefit derived from drug trafficking other than that of which the defendant had been convicted which had been established by evidence during the trial. [read post]
11 Mar 2009, 3:06 am
R (Parish) v Pensions Ombudsman; [2009] WLR (D) 86 “Where the ultimate question to be determined by the Pensions Ombudsman in an investigation differed from the ultimate question which had arisen in previously begun court or employment tribunal proceedings, s 146(6)(a)(i) of the Pension Schemes Act 1993 did not preclude an investigation by reason of a [...] [read post]
4 Feb 2010, 2:07 am by sally
R v Hussain (Shabbir) [2010] WLR (D) 22 “A possessor of drugs did not commit an offence contrary to ss 4(1) and 5(3) of the Misuse of Drugs Act 1971 if he intended to supply the drugs outside the jurisdiction. [read post]
22 Jun 2009, 1:29 am
R (AK (Sri Lanka)) v Secretary of State for the Home Department [2009] EWCA Civ 447; [2009] WLR (D) 198 “The phrase ‘further submissions’, in the context of the Secretary of State's obligation under r 353 of the Immigration Rules to consider whether any such submissions amounted to a fresh claim for asylum, merely meant representations, [...] [read post]
21 Oct 2008, 9:14 am
R (Noone) v Governor of HMP Drake Hall and another [2008] EWCA Civ 1097; [2008] WLR (D) 319 “Where a prisoner was sentenced for a number of offences to differing periods of imprisonment, some under the Criminal Justice Act 1991 and others under the Criminal Justice Act 2003, a sentence of less than 12 months was governed by the provisions of the 1991 Act whenever committed. [read post]
16 May 2008, 1:59 am
R (Nasseri) v Secretary of State for the Home Department [2008] EWCA Civ 464; [2008] WLR (D) 150 “The scope of the deeming provision in Sch 3, Pt 2, para 3(2) of the Asylum and Immigration (Treatment of Claimants etc) Act 2004, which required states listed in Sch 2, Pt 2, para 2 of the Act to be treated as countries safe for a person to be returned, was limited to the actual process of executive decision or adjudication of whether a person's removal would contravene… [read post]
11 Feb 2010, 2:58 am by traceydennis
R v Hancox and another [2010] EWCA Crim 102; [2010] WLR (D) 30 “The interference that the imposition of a serious crime prevention order would make to a defendant’s freedom of action had to be justified by the public benefit in preventing, restricting or disrupting involvement by the defendant in serious crime; it was not enough that the order might have some benefit. [read post]
13 Oct 2008, 9:21 am
R v S (F) and A(S); [2008] WLR (D) 313 “The key or password to an encrypted computer file was a fact which did not constitute an admission of guilt. [read post]
2 Sep 2008, 8:24 am
R v B and others: [2008] WLR (D) 296 “Where one of several defendants in the same criminal proceedings became unfit to stand trial before a jury had been empanelled there was nothing in principle to prevent a single empanelled jury subsequently proceeding to hear the trial of all the defendants, although in the case of the unfit defendant the jury would now be looking to the question whether he had committed the actus reus of the relevant offence. [read post]
25 Apr 2008, 8:36 am
R v Ibrahim and others [2008] EWCA Crim 880; [2008] WLR (D) 127 “Evidence obtained during ’safety’ interviews conducted with a defendant under the provisions of the Terrorism Act 2000 was admissible at his subsequent trial subject to the ordinary principles governing a fair trial, and the over-arching provisions in s 78 of the Police and Criminal Evidence Act 1984. [read post]
18 Oct 2007, 7:41 am
R v Kennedy (No 2) [2007] UKHL 38 “The answer to the question ‘When is it appropriate to find someone 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? [read post]