BiteSize

BiteSize

Short succint summaries of the Case Reviews

R v Jackson (John) [2021] 4 WLR 93

The case concerned whether the CACD had jurisdiction to hear an appeal against the variation of a restraining order and, if so, whether the Crown Court had been right to extend the original 10-year order (which had not been breached) for 10 more years.

ADDED Friday 15th October 2021
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Meng v HSBC Bank plc [2021] 2 WLR 1153

The case concerned whether the Bankers’ Books Evidence Act 1879 can be deployed in aid of overseas proceedings and whether it extends to business documentation held by a bank other than transactional records (including regulatory compliance documents).

ADDED Wednesday 13th October 2021
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R v Baldwin (Kara) [2021] 4 WLR 73

The Court of Appeal (Criminal Division) examined a number of Sentencing Council Guidelines, dealing variously with young offenders; offenders with mental disorders, developmental disorders or neurological impairments; and offences of domestic violence.

ADDED Monday 11th October 2021
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R (Director of Legal Aid Casework) v Southwark Crown Court [2021] 1 WLR 2779

The case concerned the capital contribution claimed by the LAA under the VHCC regime. The defendant was acquitted by the jury of the main tax conspiracy but convicted on a subsidiary count relating to misrepresentations during HMRC's civil inquiry.

ADDED Friday 8th October 2021
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R v Tierney-Campbell (Jake) [2020] EWCA Crim 1194

When the victim of a vicious assault died of his injuries more than 4 years later and the assailant found himself on a murder charge, he applied for a lengthy extension of time to appeal against his earlier plea of guilty to GBH for the same incident.

ADDED Wednesday 6th October 2021
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Polakowski v Westminster Magistrates’ Court [2021] 1 WLR 2521

Five individuals who had each been arrested in the UK under EAWs, applied for habeas corpus on the ground that, from the end of the Brexit transition period, there was no proper basis in international law for their surrender to the requesting states.

ADDED Monday 4th October 2021
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R v Lea (Nicholas) [2021] 4 WLR 38

The case related to a Sexual Harm Prevention Order. The wording of the SHPO had been agreed between the parties and the Judge did not, when sentencing, set out his reasons for making it. Following a change of representation, the defendant appealed. ADDED Friday 1st October 2021
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Commissioners for Her Majesty’s Revenue & Customs v Mann [2021] EWHC 1182 (Admin)

The case was concerned with the cash seizure provisions within POCA 2002. Owing to delays caused by the Coronavirus pandemic, HMRC had been unable to obtain a court listing of their application for further detention before the previous order lapsed.

ADDED Thursday 30th September 2021
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R v Sakin (Ilhan) [2021] EWCA Crim 411

The case concerned a highly unusual situation in which the official transcript provided for the purposes of a criminal appeal was inaccurate and incomplete and the initial hearing in the Court of Appeal proceeded on an entirely erroneous factual basis.

ADDED Friday 24th September 2021
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R (Russnak-Johnston) v Reading Magistrates’ Court [2021] 1 WLR 2444

The court analysed the differences between offences of failing to comply with a planning contravention notice and making false or misleading statements in response to a notice. It also held that the power to require information extended to documents.

ADDED Wednesday 22nd September 2021
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R v MS [2021] EWCA Crim 600

The case related to a charge of attempting to commit the offence of international child abduction. It prompted the Court of Appeal to review the authorities on what is meant by an act ‘more than merely preparatory to the commission of the offence’.

ADDED Monday 20th September 2021
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Meekey v Commissioner of Police of the Metropolis [2021] 2 WLR 648

The court examined the law on conversion and limitation of actions as it applies to Police (Property) Act 1897 applications and also the evidence needed about the legal basis of seizure to found a destruction application under the Firearms Act 1968.

ADDED Friday 17th September 2021
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Barnet LBC v Kamyab [2021] EWCA Crim 543

The Court of Appeal considered the scope and effect of R v Panayi (Andrew) [2019] 2 Cr App R (S) 21 and reviewed its powers on a prosecution appeal from the amount of, rather than a refusal to make, an order.

ADDED Wednesday 15th September 2021
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Privacy International v Investigatory Powers Tribunal [2021] 2 WLR 970

What is the ambit of the Secretary of State’s power to issue warrants to GCHQ, authorising intelligence activities such as computer hacking? The court expressly recognised the aversion of the common law to general warrants and considered the lawfulness of so-called ‘thematic’ warrants, aimed at an entire class of persons or an entire category of equipment.

ADDED Monday 13th September 2021
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R v Muldoon (Jake) [2021] 2 Cr App R 8

The case was concerned with 'hostile silence', where witnesses have made written statements but, when called, they stand mute. Can the prosecution adduce their statements as hearsay in the interests of justice or as previous inconsistent statements?

ADDED Friday 10th September 2021
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Fernando v Sathananthan [2021] EWHC 652 (Admin)

The case was concerned with the doctrine of residual diplomatic immunity, enjoyed by former diplomats after they have left their diplomatic post in a foreign embassy. The court considered the nature of immunity from suit and what is meant by 'the exercise of functions as a member of the mission'.

ADDED Thursday 9th September 2021
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R (Miller) v Prime Minister; Cherry v Advocate General for Scotland [2020] AC 373

The case concerned whether Boris Johnson's advice to the Queen to prorogue Parliament for an extended period (advice which she was constitutionally bound to follow) trespassed beyond the limits of the prerogative power and whether it was justiciable.

ADDED Wednesday 8th September 2021
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R v T [2021] 2 Cr App R 10

The case related to marital rape and the cross-examination of complainants in sex cases. The Court of Appeal considered the operation of s.41 YJCEA 1999 and, in particular, whether it applies to questions about sexual orientation and sexual identity.

ADDED Thursday 2nd September 2021
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Privacy International v Secretary of State for Foreign and Commonwealth Affairs [2021] 2 WLR 1333

An appeal from the Tribunal on the issue whether Security Service guidelines authorising agents to participate in criminality had any legal basis and whether they were compatible with the rule of law and with the European Convention on Human Rights.

ADDED Tuesday 31st August 2021
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R v Daniels (Nathan) [2021] EWCA Crim 44

The CACD emphasised the need for a robust approach to the whole concept of ‘professional embarrassment’ and underlined the degree of care required before trial lawyers can take what Fulford LJ described as the ‘grave step’ of withdrawing from a case.

ADDED Friday 27th August 2021
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James v White Lion Hotel (A Partnership) [2021] 2 WLR 911

A fatal accident on hotel premises led to conviction under the Health & Safety at Work etc Act 1974. The Court of Appeal (Civil Division) examined the intersection of criminal and civil liability and the relevance of the conviction in a civil action.

ADDED Monday 23rd August 2021
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R v Reynolds (Nicholas) [2020] 4 WLR 16

The appeal was based on a supposed lack of balance in the judge’s summing up. The CACD emphasised the imperative need for counsel not to sit on their hands but to raise with the judge at the time any issues they may have with his or her summing up.

ADDED Friday 20th August 2021
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R (Finch) v Surrey County Council [2021] 4 WLR 37

Contempt of court proceedings relating to an incident in which the BBC managed to broadcast on one of its main regional news programmes an unauthorised recording of a hearing which had been conducted by video link before a High Court judge.

ADDED Wednesday 18th August 2021
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R v AB [2021] EWCA Crim 692

When sentencing a defendant after a retrial, and following a significant change of circumstance since the original conviction, what is the meaning of the prohibition on passing a sentence of ‘greater severity’ than the one imposed first time around?

ADDED Monday 16th August 2021
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Collins (John Kenneth) v Director of Public Prosecutions [2021] 1 WLR 3391

The calculation of the default terms of imprisonment where members of a criminal gang are each made the subject of confiscation orders based at least in part on the value of criminal property which they acquired together from a criminal conspiracy.

ADDED Friday 13th August 2021
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Hamilton v Post Office Ltd [2021] 1 Cr App R 17

When will the Court of Appeal give leave to an appellant to make submissions on an additional ground of appeal against conviction, even though the court has already decided that the appeal must be allowed and the conviction quashed on other grounds?

ADDED Wednesday 11th August 2021
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R v A, B, D & C [2021] 2 WLR 1301

Were communications obtained by the French authorities from the EncroChat secure communication system and then supplied by them to UK law enforcement admissible in evidence or excluded as 'intercept material' under the Investigatory Powers Act 2016? ADDED Monday 9th August 2021
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R (KBR Inc) v Director of the Serious Fraud Office [2021] 2 WLR 335

Does the SFO's power under s.2(3) of the Criminal Justice Act 1987 compel the production of documents held abroad by foreign-registered corporations with no registered office or place of business in the UK and never having carried on business here?

ADDED Friday 6th August 2021
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R (Begum) v SIAC [2021] 2 WLR 556

“The attempts by Shamima Begum, the so-called ‘ISIS child bride’, to overturn decisions by the former Home Secretary, Sajid Javid MP, stripping her of her British passport and refusing entry clearance and leave to re-enter the UK.”

ADDED Thursday 5th August 2021
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R v Plaku (Isuf) [2021] 4 WLR 82

Three unrelated sentencing appeals were listed together because they raised common issues as to the correct approach to determining the appropriate reduction for a guilty plea.
ADDED Friday 23rd July 2021
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R (Latif) v Justice Secretary [2021] 4 WLR 61

The lawfulness of steps taken by the Justice Secretary and the Probation Service, following the Fishmongers’ Hall terrorist attack, to tighten the licence conditions of terrorist offenders released on licence.
ADDED Thursday 22nd July 2021
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R v Finch (Simon James) [2021] 4 WLR 64

In a sentencing appeal relating to the unauthorised recording and disclosure of Highly Classified information, the court applied the so-called ‘brightline rule’ to a defendant whose Autism/Aspergers had fuelled his sense of grievance but not his ability to form the requisite intent.
ADDED Wednesday 21st July 2021
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R (End Violence Against Women Coalition) v Director of Public Prosecutions [2021] 2 Cr App R 2

The developing approach taken by the Crown Prosecution Service to charging decisions in ‘RASSO’ cases arising from allegations of Rape or Serious Sexual Offences.
ADDED Friday 16th July 2021
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R v Thacker (Edward) [2021] 2 WLR 1087

Direct action by protesters in an attempt to stop a deportation flight, the criminal offences under the Aviation and Maritime Security Act 1990, the defence of necessity and challenges to the Law Officers’ consent to a prosecution.
ADDED Wednesday 14th July 2021
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R (Director of Public Prosecutions) v Woolwich Crown Court [2021] 1 WLR 938

The measures taken in order to allow jury trials to continue during the Covid 19 emergency and the correct approach to Custody Time Limit applications where delay is attributable to the pandemic.
ADDED Tuesday 13th July 2021
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R (Redston) v Director of Public Prosecutions [2020] EWHC 2962 (Admin)

The relationship between the police and the Crown Prosecution Service as an independent public prosecution body, and the duty of public bodies to act independently, transparently and not incompatibly with ECHR rights.
ADDED Friday 9th July 2021
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R (Bussetti) v Director of Public Prosecutions [2020] EWHC 3004 (Admin)

“This case concerned the minimum requirements for a Case Stated and the nature of such an appeal.”
ADDED Wednesday 7th July 2021
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R v CB; R v Mohammed (Sultan) [2020] 2 Cr App R 305

Prosecution disclosure obligations in relation to mobile phones and other electronic devices held by complainants and prosecution witnesses.
ADDED Tuesday 6th July 2021
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