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12 May 2010, 2:11 am by traceydennis
Regina v N; Regina v D; Regina v L Court of Appeal “The drafting of an indictment required close attention to the realities of the case and none at all to the theoretical legal possibilities which might arise. [read post]
25 Jun 2009, 2:32 am
Regina v Twomey (John); Regina v Blake (Peter); Regina v Cameron (Glen); Regina v Hibberd (Barry) Court of Appeal “A defendant's right to a fair trial was not prejudiced by holding a criminal trial without a jury, where the danger of jury tampering was very significant and was not sufficiently addressed by proposed protective measures. [read post]
29 Oct 2008, 10:17 am
Secretary of State for the Home Department v AF: Same v AM; Same v AN; Same v AE Court of Appeal “While as much information as possible, without imperilling national security, should be disclosed to a person subject to a control order, it was arguable that there was no irreducible minimum the nondisclosure of which would automatically make a trial unfair. [read post]
9 Dec 2008, 10:43 am
Regina v Stannard; Regina v A; Regina v Clarkson Court of Appeal (Criminal Division) “Where a defendant was before the court to be sentenced for offences committed both before and after April 4, 2005, when the dangerous offender provisions of the Criminal Justice Act 2003 came into force, distinct statutory provisions applied but that did not [...] [read post]
5 Dec 2011, 1:54 am by sally
Regina v Gill; Regina v Eccles; Regina v Abu-Neigh (formerly Wallace) [2011] EWCA Crim 2795; [2011] WLR (D) 344 “Where a defendant was sentenced to a mandatory sentence of life imprisonment and the minimum term was to be determined pursuant to paragraphs 3 or 6 of Schedule 22 to the Criminal Justice Act 2003 (which related to transitional cases) a reduction in the length of the minimum term could take account of exceptional progress made by the defendant whilst in… [read post]
18 Oct 2007, 2:23 am
R v Abdroikov; R v Green; R v Williamson [2007] UKHL 37 “The principle that justice should not only be done but should be seen to be done and that a defendant had a right to be tried by an independent and impartial tribunal might in certain circumstances be violated when a serving police officer or a lawyer employed by a prosecuting authority was a member of a jury. [read post]
25 Jul 2008, 8:54 am
R v Hills; R v Davies; R v Pomfret; [2008] WLR (D) 251 There was no practical reason why an order should not be made requiring an offender to serve an additional period of imprisonment other than the minimum period before being considered for parole where there had been a planned, deliberate and serious act of violence, in circumstances which fully justified a significant sentence of imprisonment. [read post]
7 Jan 2010, 3:53 am by sally
Regina v Maina; Regina v Saddique; Regina v Kika Court of Appeal (Criminal Division) “The use of a knife to commit murder was a factor that aggravated the seriousness of that offence for the purpose of sentencing. [read post]
11 Jun 2009, 1:41 am
Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE House of Lords “Where, in the interests of national security, the Secretary of State for the Home Department wanted to rely on closed material in a terror-suspect hearing to justify his decision to make a control order, the controlled person [...] [read post]
25 Jun 2010, 2:14 am by traceydennis
Pankina v Secretary of State for the Home Dept;  Malekia v Secretary of State for the Home Dept; Ahmed v Secretary of State for the Home Dept; Junaideen v Secretary of State for the Home Dept; Ali v Secretary of State for the Home Dept; Sankar v Secretary of State for the Home Dept [2010] EWCA Civ 719; [2010] WLR (D) 158  ”The immigration rules could not lawfully incorporate provisions set out in another document which had not… [read post]
26 Oct 2010, 3:17 am by michael
Regina v M(L) and Others; Regina v Tabot; Regina v Tijani [2010] EWCA Crim 2327 ; [2010] WLR(D) 266 “Where a person was a victim of human trafficking, for the purposes of the Council of Europe Convention on Action against Trafficking in Human Beings (CETS No 197), and whilst retaining some nexus with the trafficking committed an offence which arguably called, in the public interest, for prosecution, the decision whether to prosecute depended on whether the offence… [read post]
28 May 2009, 2:00 am
R v Horncastle and another; R v Marquis and another; R v Carter [2009] EWCA Crim 964; [2009] WLR (D) 173 “There would be no breach of art 6, and in particular art 6(3)(d), of the European Convention for the Protection of Human Rights and Fundamental Freedoms, if a criminal conviction were based solely or to [...] [read post]
23 Apr 2009, 1:53 am
Regina v Khan Regina v Lockett; Regina v Carrington Court of Appeal (Criminal Division) “Confiscation orders made under old regulations in tobacco-smuggling cases had to be quashed because the prosecuting authority had overlooked the fact that new regulations had narrowed the categories of persons liable to pay excise duty. [read post]
15 Jun 2009, 2:13 am
Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE [2009] UKHL 28; [2009] WLR (D) 180 “Where, in the interests of national security, the Secretary of State relied on closed material in a hearing under s 3(10) of the Prevention of Terrorism Act 2005 to justify his decision [...] [read post]
7 Aug 2008, 8:19 am
Regina v Hills; Regina v Pomfret; Regina v Davies Court of Appeal (Criminal Division) “A consecutive prison sentence could be added to a life sentence where the circumstances warranted it. [read post]