Important cases examined and summarised between 2015 - 2018 - Cost £50 plus VAT

 

 

CASE-LAW 2018

Regina v Growcoot (bad character applications concerning the complainant and the defendant)

The Queen and E (seizure of a mobile phone as a reasonable line of enquiry)

MK and Regina and Gega and Regina (the defence under the Modern Slavery Act 2015)

Regina and EK (substantial injustice warranting exceptional leave to appeal out of time)

Randell and the DPP (the PET form – witness at court – statement read as hearsay)

Richardson and the DPP (Crown to prove that the public used a place with lawful permission)

R v Harvey (co- defendants blaming each other – bad character of both put before the jury)

R v Sereika (sometimes only a proportion of the images on the disc will be the actual PPE)

R v Frempong (page count to be based upon the PDF document not the Excel format)

R v Blair (reduction of the suspended term to reflect completed hours of unpaid work)

R v Fender (introduction of bad character to correct false impression – ‘I don’t like gangs’) 

The Queen on the Application of Suraj Rathor (the correctness of proceeding to ‘try’ in absence)

R v Hussain (defendant excluded from the trial – the fairness of proceeding in absence)

Regina v Kieron Knight (admissions in a police station interview – relationship to credit)

Regina v Richard Jones (adult offenders of ‘particular concern’)

Valiati and the DPP and KM and the DPP (hearsay statements on the PET form – admissibility) 

Regina v Jedran (moped used as a weapon therefore armed robbery when billing the case)

Regina and Kirk Rochester (still a psychoactive substance even though ‘indirect effect’)

Regina v Chad John Greatbatch (8 year extension on the licence only permissible in sexual offences)

Regina v Lewis Ford (a catalogue of errors when dealing with a 17-year-old who turned 18)

The Queen and Welland (the correctness of proceeding with trial in absence – defendant ‘fitting’)

Regina v Boyle (mandatory minimum sentences for firearms and exceptional circumstances)

R v AM and KU (community service – the lawfulness of an application to extend after 12 months)

Regina v O’ Connor (the Judge increasing the sentence within 56 days under the slip rule)

 

R v R (K) (appeal against the severity of the sentence on a youth – sentencing guidelines)

R v Sowerby (dangerousness – EDS – matter for the Judge not the psychiatrist)

R v Lawman (lawyers criticised yet again for making reference to draft guidelines)

Dougall and the CPS (amending an either-way charge to a summary one, the pre-requisites)

The Queen on the Application of Lucy Poskitt (various points including re-openings)

Begum and Begum (Appellants) and Luton Borough Council (Respondent) (laying an information)

R v Daugintis,R v Cvetkovas,R v Liumas (PPE - another PDF over Excel Spreadsheet case)

The DPP and Sugden (officer refreshing his memory from a copy of the form MG DD/A permissible)

Lord Howard of Lympne and the DPP (a Section 172 notice – furnishing details of the driver)

Lord Howard of Lympne and the DPP (costs)

CASE-LAW 2017

R (on the Application of Stott) (Appellant) v Sec of State for Justice (Respondent) (EDS and Article 14)

R v Reid (clear directions on the intent/foresight/participation of getaway driver required – Jogee)

R v Gregory (Sections 35A and B of the RTOA 1988/Sections 147A and B of the PCC (S) A 2000)

Decani (Claimant) and the City of London Magistrates’ Ct (Mag’s wrong to grant adjournment to CPS)

DPP and Camp (so drunk that you could not provide a specimen of breath – not reasonable excuse)

R v Tuka (‘exceptional circumstances’ found by the Court of Appeal in a firearms case)

AG’s Ref – Sec 36 CJA 1988 – R v Abbas (Sections 35A and 35B RTOA 1988 considered)

AG’s Ref – Sec 36 CJA 1988 – Regina v Armstrong (sentence more than doubled)

Regina v McDonagh (Court of Appeal reducing sentence to reflect unpaid work performed)

Regina and Dean Malcolm Lewis and James Marshall- Gunn (Joint Principals – Jogee not relevant)

Travis Green and Regina (Judges should refrain from giving ‘good character’ ref’s for witnesses)

Ali (Claimant) and the Crown Court at Kingston (Defendant) (matters on indictment – JR)

R (DPP) and Aylesbury CC and AB (interested party) (CPS not liable in costs for failings of expert)

R v Rahal (an appeal against the amount of costs ordered to the London Borough of Southwark)

DPP v Patterson (dishonesty – the case of Ivy to take precedence over the case of Gosh)

R v McCall (causing serious injury by dangerous driving – serving police officer)

R v Ray (the householders defence – may be disproportionate if reasonable in the circumstances)

R v Cook (AG’s Ref – sentence doubled – 62-year-old man – good character – 6 years rather than 3)

R v Stapleford (evidence to correct a false impression ‘a member of the Bar of England and Wales’)

Regina v Michael O’ Rourke and another (PDF or Excel – in this case Excel)

R v Chapman and Others (nitrous oxide with intent to supply – look to the circumstances of the case)

Julie Wright and Reading CC (a person may keep a dog without actual physical possession of it)

PF and Regina (doli incapax must be rebutted by evidence other than evidence of the crime itself)

DPP and Jane Distill (garden part of the dwelling for the purposes of Section 5 POA 1986)

Dean Christopher Maxwell (a catalogue of sentencing errors in a Crown Court case)

R (on the Application of Tyrone Cardin) and Birmingham CC (the Bail (Amendment (Act) 1993)

DPP and Salford Magistrates’ Court and John Blakeley (an excellent read for the CPS on disclosure)

The Queen on the App of M v Hammersmith Magistrates’ Ct (‘Merton Compliant age assessment’)

R (DPP) v Stratford Magistrates’ Court and Others (wilful obstruction of the highway)

The Queen on the Application of Hassani (every imaginable point taken in a drink drive case)

DPP v Melvyne John Woods (DJ revisited/reversed decision of legal team manager to vacate a trial)

Hudson v Crown Prosecution Service (an unoccupied place may still be a dwelling)

Regina v Luck – CC at the Central Criminal Court (Counsel electing the deduction from the 1st trial)

The Sec of State –The Lord Chancellor v SVS Sol’s (PPE where evidence served in digital format)

R v Vasey (a Court of Appeal decision dealing with the appropriateness of suspended imprisonment)

Westminster City Council v Owadally and another (E/W offences – plea’s to be entered by def)

JS (a child) and the DPP (DNA found on a moped – justices’ reasons for convicting flawed)

R v Turk (indictment no longer legally valid where the defendant had died)

Regina v Walsh – Crown Court at Chester (the absence of the disc not fatal to a claim)

R v Coles – Crown Court at Cardiff (substantial matters of case management – trial fee payable)

R v Riddell (self defence might be available on a count of dangerous or careless driving – rare!)

R v Johnson (conveying a package into prison – ‘mens rea’ – something prohibited)

R v Warren (an examination of the slip rule – Section 155 of the PCC (S) A 2000)

Lord Chancellor and Edward Hayes LLP and Nick Wrack (a really important case on PPE – disc)

R (TL) and the Chief Constable of Surrey Police (the necessity for an arrest - criteria considered)

R v Ordu (substantial injustice warranting exceptional leave to appeal out of time)

R v Rashid (an interesting case on the use of an intermediary during a Crown Court trial)

 

CASE-LAW 2016

Ivey (Appellant) v Genting Casinos (the Supreme Court reminding us of the test for dishonesty)

R v Beech and Others (Judge ordering passengers to take extended re-test)

R v Thelwall (3 points – Guidelines not case-law – online articles – never! – issue of costs)

Regina v Christopher Henderson (defendant in a flat – lock knife in the boot of car – not ‘with him’)

Regina and Lewis Johnson and Others (Court of Appeal reconsidering cases following Jogee)

Regina v Mehmood and Horvathova (counsel entitled to cracked trial fee and trial fee)

DPP v SK (performing community service work for someone else is perverting the course of justice)

Regina v John Coleman (CC costs – re-determination by Magistrates’ – not a matter for CA)

R v Mitchell (bad character – previous incidents not resulting in charges may still show a propensity)

Regina v Ian Tucker (item not an Offensive Weapon per se – uses it – this is not possession of OW)

R v Andrews (Court Appointments to cross-examine – consideration of when the appointment ends)

Regina v Aqib Aslam (court always to consider compliance with the community order imposed)

CPS v Danny Cipriani (drink drive – a trial should not ‘descend into a game of smoke and mirrors’)

R (Robson) v CPS (High Court will intervene if a decision maker fetters his/her discretion)

Regina v Lennon (costs decision – both solicitor advocate and advocate each entitled to their fee)

R v LF and DS (offenders of particular concern – determinate sentence +1 year fixed licence)

Ibrahim v CPS (evidence of the phone call admitted, quite rightly, under the res gestae principle)

Regina v Morfitt (costs decision – consideration of whether a Newton hearing had taken place)

Regina v Arash Zaredar (the defence under Section 31 of the Immigration and Asylum Act 1999)

B and Leeds CC and CPS (when sentencing a youth – give thought to the max available to adult) 

Paul Maurice Needham (the leading judgement on Sections 35A and B of the RTOA 1988)

R (Cuns) v Hammersmith Magistrates’ Court (a needle phobic must put the issue ‘in play’ at trial)

R v Tai (costs decision – possession of a knuckle duster meant it was ‘armed robbery’ for billing)

R (Ewing) v Cardiff CC (members of the public are free to take notes – no prior authority required)

Henderson v CPS (wrong to convict on the underlying offences and the aggravating ones as well)

Jogee; Ruddock and the Queen (the Supreme Court defining ‘joint enterprise’)

R v Taylor (Appellant) (Supreme Court – driver must have been ‘at fault’ – Aggravated vehicle taking)

Regina v Raymond Martin Marshall.... (Qualifying Curfews – advocates to address the court)

 

CASE-LAW 2015

R v Darkwa (C C Judge can sentence for an either-way offence with consecutive for summary)

Abbas v CPS (a consideration of the extent of Court Appointments)

Thomas v CPS (defendant has entitlement to apply for bail pending appeal)

Higgins v The CPS (consideration of evidence admitted under the res gestae exception to hearsay)