SPRING 2022 CASE-LAW UPDATE –  FRIDAY 13th  MAY  2022

THE CASE-LAW IN THIS PRESENTATION WAS DECIDED UPON IN 2022 AND 2021 - EVEN IF YOU CANNOT MAKE THE ACTUAL PRESENTATION THE RECORDING AND THE NOTES ARE AN EXCELLENT RESOURCE AND WILL EVIDENCE YOUR ONGOING COMMITMENT TO KEEP UP TO DATE DURING THE YEAR.

The following 20 cases will be considered:

1 – Advising on DNA evidence at the Police Station stage and also at Court when advising on the plea – The very interesting 2022 Court of Appeal decision of Regina v Belhaj-Farhat [2022] EWCA Crim 115 – An absolute must read for anyone going anywhere near a Police Station!!

2 – Candlish v DPP [2022] EWHC 842 (Admin) – Theft by way of low-value shoplifting – does this summary offence need to be charged within 6 months of the commission date?

3 – The mere possession of an Encrochat-encrypted telephone – What the Court of Appeal say about such possession – R v Sharpes [2021] EWCA Crim 1901

4 – Regina v Martin [2022] EWCA Crim 342 – Was the Recorder correct to give no credit for the plea which was entered on an accepted basis on the day of trial prior to the jury being sworn?

5 – Reprehensible Behaviour falling within Section 98 (a) of the Criminal Justice Act 2003 – AAM and Regina [2021] EWCA Crim 1720

6 – The police offering a caution and then deciding to charge – Evidential considerations concerning the admissions in interview – Mansfield and the DPP [2021] EWHC 2938 (Admin)

7 – Evidential issues concerning consensual but under-age sexual activity – R v Whitbread [2021] EWCA Crim 1413 – The defence which may be advanced at the Police Station interview stage or, upon advice, at Court

8 – The consequences of attacking the character of the deceased in the proceedings – Regina v Colecozy–Rogers [2021] EWCA Crim 111

9 – Advising on the evidential significance of text messages at the Police Station stage and also at Court – R v Bedward [2021] EWCA Crim 721

10 – When is a ‘dwelling’ not a ‘dwelling’? – Evidential factors pointing to it being a ‘dwelling’ and pointing away from it being a ‘dwelling’ – Chipunza and Regina [2021] EWCA Crim 597

11 – Regina v Dale [2022] EWCA Crim 207 – A consideration of credit where the defendant was sent to the Crown Court and entered the plea on indictment at the PTPH – Also the remuneration aspects of adopting a particular course of action

12 – Muldoon and Regina [2021] EWCA Crim 381 – A very interesting case concerning hostility (and the hostility ruling) and Section 119 of the Criminal Justice Act 2003

13 – Regina v Cummins [2022] EWCA Crim 124 – an unlawful sentence for 2 summary offences at the Crown Court – Offences had not been committed for sentence, could the Circuit Judge sentence as a Circuit Judge?

14 – Regina v Ghazi [2021] EWCA Crim 1420 – Do be aware of Schedule 4 of the Modern Slavery Act 2015 and the list of offences for which the defence under Section 45 of the Act is simply not available

15 – Regina v Dana [2021] EWCA Crim 1414 – An appellant in person unfortunately simply misunderstanding the law in relation to the obligatory driving disqualification for dangerous driving under Section 1A of the Road Traffic Act 1988

16 – Regina v Hussain [2021] EWCA Crim 1493 – A Crown Court Judge seeking, effectively, to make today’s sentence consecutive to a period of recall – See also R v Costello [2010] EWCA Crim 371

17 – R v Murray [2021] EWCA Crim 1441 – The Sentencing Code and the correct sentencing approach when re-sentencing on the original offences, having revoked the Community Order

18 – Regina v Husband [2021] EWCA Crim 1240 – The release provisions of an 8-year sentence as opposed to a sentence of 6 years and 6 months – see The Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020

19 – Regina v Hamza [2021] EWCA Crim 1460 – Terrorism offences – Should a sentence on ‘an offender of particular concern’ ever be suspended?

20 – Regina v Roland [2021] EWCA Crim 459 – 28 weeks immediate imprisonment for a single offence of causing death by careless driving – Should it have been suspended?