HIV sex offender appeal rejected – BBC News

Posted July 31st, 2009 in appeals, news, sentencing, sexual offences prevention orders by sally

“A sex offender from Devon who breached an order banning him from contacting people over the age of 60 has failed in a bid to reduce his latest jail term.”

Full story

BBC News, 30th July 2009

Source: www.bbc.co.uk

R v Charles – WLR Daily

Posted July 31st, 2009 in appeals, ASBOs, burden of proof, law reports by sally

R v Charles [2009] EWCA Crim 1570; [2009] WLR (D) 265

“Where a person was charged with an offence under s 1(10) of the Crime and Disorder Act 1998 of doing something which he was prohibited from doing by an anti-social behaviour order without reasonable excuse, the legal burden of proving that the defendant acted without reasonable excuse lay on the prosecution.”

WLR Daily, 30th July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Food mixer did not violate rival’s trade mark by using similar shape – OUT-LAW.com

Posted July 31st, 2009 in appeals, news, trade marks by sally

“A claim that one food mixer violated the trade mark rights of another by being similar in shape has failed. The Court of Appeal said that any similarity in shape between the machines had not given Kenwood an unfair advantage over Whirlpool.”

Full story

OUT-LAW.com, 31st July 2009

Source: www.out-law.com

Regina v Erskine; Regina v Williams – Times Law Reports

Regina v Erskine; Regina v Williams

Court of Appeal (Criminal Division)

“Firm measures were required immediately to ensure that appeals against conviction and sentence could be heard without an excessive citation of earlier, largely factual decisions which did no more than illustrate or restate a principle.”

The Times, 22nd July 2009

Source: www.timesonline.co.uk

R v Erskine; R v Williams – WLR Daily

Posted July 16th, 2009 in appeals, diminished responsibility, evidence, law reports, murder by sally

R v Erskine; R v Williams [2009] EWCA Crim 1425; [2009] WLR (D) 241

“Where an appeal against a conviction for murder raised the issue of diminished responsibility for the first time, the parties should provide the court with a detailed analysis of the relevant facts in order to assist the court in deciding whether evidence not adduced at trial should be heard on appeal.”

WLR Daily, 15th July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Man appeals to sue rape accuser – BBC News

Posted July 15th, 2009 in appeals, news, rape by sally

“A man cleared of rape after serving two years in jail has renewed a bid for £300,000 in damages from his accuser.”

Full story

BBC News, 15th July 2009

Source: www.bbc.co.uk

1998 murder conviction challenged – BBC News

Posted July 15th, 2009 in appeals, diminished responsibility, homicide, murder, news, provocation by sally

“A man jailed for life 11 years ago after admitting repeatedly stabbing his wife to death when she left him, is appealing against his conviction.”

Full story

BBC News, 14th July 2009

Source: www.bbc.co.uk

Stockwell Strangler Kenneth Erskine has murder convictions overturned – The Times

Posted July 14th, 2009 in appeals, diminished responsibility, homicide, news by sally

“Kenneth Erskine, known as the Stockwell Strangler after he killed seven London pensioners in a three-month period in 1986, has today had his murder convictions reduced to manslaughter on the grounds of diminished responsibility.”

Full story

The Times, 14th July 2009

Source: www.timesonline.co.uk

‘Strangler’ awaits appeal verdict – BBC News

Posted July 14th, 2009 in appeals, diminished responsibility, mental health, news by sally

“The man dubbed the Stockwell Strangler for the murders of seven people will find out later if an appeal on mental health grounds has been successful.”

Full story

BBC News, 14th July 2009

Source: www.bbc.co.uk

Pond death toddler’s parents to repay compensation – The Independent

Posted July 13th, 2009 in appeals, compensation, duty of care, news by sally

“The parents of a toddler who drowned in a pond at a holiday park were today ordered to repay their compensation award.”

Full story

The Independent, 13th July 2009

Source: www.independent.co.uk

R v G(G) and Another – Times Law Reports

Posted July 10th, 2009 in appeals, criminal justice, criminal procedure, law reports by sally

R v G(G) and Another

Court of Appeal

“Where the Court of Appeal was determining whether it was in the interests of justice for an acquittal to be quashed on an application by the Crown, the factors specified in section 79(2) of the Criminal Justice Act 2003 were not exhaustive.”

The Times, 9th July 2009

Source: www.timesonline.co.uk

Court’s reversal of pesticides decision prompts accusations of whitewash – The Guardian

Posted July 8th, 2009 in appeals, environmental health, news, pesticides by sally

“Court rules in favour of government after Georgina Downs last year won case based on ‘solid evidence’ of harm from crop spraying.”

Full story

The Guardian, 7th July 2009

Source: www.guardian.co.uk

AS (Somalia) v Secretary of State for the Home Department – Times Law Reports

Posted June 23rd, 2009 in appeals, children, immigration, law reports by sally

AS (Somalia) v Secretary of State for the Home Department

House of Lords

“The statutory provision that on hearing an appeal against a refusal of entry clearance the adjudicator or tribunal could have regard only to the circumstances appertaining at the time of the decision to refuse and could have no regard to any subsequent change in the applicant’s circumstances, was not incompatible with article 8 of the European Convention on Human Rights, even though its effect could lead to delay in bringing a family together in the United Kingdom.”

The Times, 22nd June 2009

Source: www.timesonline.co.uk

Owens v City of Westminster Magistrates’ Court – WLR Daily

Posted June 22nd, 2009 in appeals, delay, extradition, law reports, time limits by sally

Owens v City of Westminster Magistrates’ Court [2009] EWHC 1343 (Admin); [2009] WLR (D) 20

“When an appeal to the High Court under s 26 of the Extradition Act 2003 against an order for extradition to a category 1 territory was unsuccessful, the decision of the High Court on the appeal did not become final within the meaning of s 36(5) of the Act and, accordingly, the 10-day period within which s 36(2) and (3)(a) stipulated that extradition should take place did not begin to run until the 14-day period permitted by s 32(5) for applying to the High Court for leave to appeal to the House of Lords had expired, notwithstanding that the High Court had on the same day as dismissing the appeal declined to certify for the purposes of s 32(4)(a) of the Act that a point of law of general public importance was involved. As regards the requirement in s 36(8) that ‘reasonable cause’ be shown for delay in effecting extradition, the expression could be construed as being sufficiently broad to cover a short delay arising from an error of law made by the Serious Organised Crime Agency (‘SOCA’), the body responsible for the surrender of individuals to requesting states at the conclusion of extradition proceedings under the 2003 Act, in calculating the period within which the person must be extradited as specified in s 36(3) of the Act.”

WLR Daily, 19th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (AK (Sri Lanka)) v Secretary of State for the Home Department – WLR Daily

Posted June 22nd, 2009 in appeals, asylum, law reports, tribunals by sally

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, whether new or not, and those representations could be short or long, advanced on either asylum or human rights grounds, and reasoned or unreasoned. Where further submissions had in fact been found to have been made, and the question of whether they had already been considered was being asked for the purposes of ascertaining whether they were ‘significantly different’, within the meaning of r 353, and therefore might amount to a fresh claim, it was clear that no particular form was required in which new material to be put before the Secretary of State had to be cast, and that such new material might assert a human rights or asylum claim in a different category from what had been claimed the first time and that, alternatively, the same category of claim may be persisted in, but new facts asserted to support it. Where such previously unconsidered further submissions were found to have been made and the question was being asked whether, taken together with previously considered material, they enjoyed a realistic prospect of success within the meaning of r 353, and amounted thereby to a fresh claim, ‘realistic prospect of success’ meant ‘more than a fanciful such prospect’ and was not the same as a case which was clearly unfounded, the latter being a case with no prospect of success.”

WLR Daily, 19th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

AS (Somalia) v Secretary of State for the Home Department – WLR Daily

Posted June 19th, 2009 in appeals, children, immigration, law reports by sally

AS (Somalia) v Secretary of State for the Home Department [2009] UKHL 32; [2009] WLR (D) 194

“The provisions of s 85(5) of the Nationality, Immigration and Asylum Act 2002, which provided that an immigration judge hearing an appeal against a refusal of entry clearance could only have regard to the circumstances appertaining at the time the decision to refuse was made, were not in themselves incompatible with art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, even though their effect could be to cause unreasonable delay in bringing a family together in the United Kingdom.”

WLR Daily, 18th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Man freed after murder conviction quashed – The Independent

Posted June 17th, 2009 in appeals, mental health, murder by sally

“A man who has spent eight years behind bars for murder was released by the Court of Appeal today.”

Full story

The Indpendent, 16th June 2009

Source: www.independent.co.uk

Baby P: stepfather launches appeal – Daily Telegraph

“Baby P’s ‘stepfather’ has launched an attempt to overturn his convictions for rape and the part he played in the little boy’s death.”

Full story

Daily Telegraph, 16th June 2009

Source: www.telegraph.co.uk

Army interpreter loses spy appeal – BBC News

Posted June 11th, 2009 in appeals, armed forces, interpreters, news, spying by sally

“An Army corporal who was the personal interpreter to Britain’s top general in Afghanistan has lost an appeal against his 10-year sentence for spying.”

Full story

BBC News, 11th June 2009

Source: www.bbc.co.uk

Regina v Hughes (James) – Times Law Reports

Posted June 1st, 2009 in appeals, law reports, sentencing by sally

Regina v Hughes (James)

Court of Appeal (Criminal Division)

“The statutory right of a single appeal to the Court of Appeal, Criminal Division was not removed when the Attorney-General referred the case to that court, since the defendant had not exercised his right to appeal.”

The Times, 1st June 2009

Source: www.timesonline.co.uk