Category: sentencing

R v Bartell [2020] EWCA Crim 625 – Exceptional circumstances test within the Firearms Act 1968 – Broadway House Chambers

Posted June 2nd, 2020 in firearms, guilty pleas, news, sentencing by sally

‘Stephen Wood QC considers the recent case of R v Bartell [2020] EWCA Crim 625, where judgment was given on the 1st May 2020 in relation to the exceptional circumstances test set out within the Firearms Act 1968 and suggests that this case following R v Nancarrow [2019] 2 Cr. App. R. (S) marks a perceptible hardening of attitude of the Court of Appeal towards a finding of exceptional circumstances by the sentencing Judge.’

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Broadway House Chambers, 20th May 2020

Source: broadwayhouse.co.uk

Mitigating Covid-19 – Church Court Chambers

Posted June 2nd, 2020 in coronavirus, criminal justice, imprisonment, news, prisons, sentencing by sally

‘The coronavirus pandemic (“Covid-19”) has significantly affected people across the world, in a seemingly indiscriminate fashion, with the devastating impact well publicised. However, one area that has not featured heavily in the mainstream media, is the impact that Covid -19 may have had on the sentencing exercise for Defendants. To that end, as the nation remains in lockdown, are the current conditions in the UK prison system a factor which should be considered by a tribunal when considering the appropriate sentence to impose? This article will outline and discuss the recent decision of the Court of Appeal in the R v Manning [2020] EWCA Crim 592 (“Manning”) and seek to answer that question.’

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Church Court Chambers, May 2020

Source: churchcourtchambers.co.uk

“But I’ll Lose My Job!” New Guidelines to Provide Clarity on What Amounts to ‘Exceptional Hardship’ in Totting Up Disqualification Cases – KCH Garden Sq

Posted May 29th, 2020 in disqualification, news, road traffic offences, sentencing by sally

‘From 22nd January 2020 through to 15th April 2020, the Sentencing Council ran a public consultation on the proposed changes to sentencing guidelines for driving offences disqualifications, breach of community orders and clarifications to some explanatory materials.’

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KCH Garden Sq, 11th May 2020

Source: kchgardensquare.co.uk

Robber who waged ‘campaign of burglary’ against wealthy homeowners jailed after £100k raid – Daily Telegraph

Posted May 29th, 2020 in burglary, news, sentencing by sally

‘ A millionaire’s fiancee was robbed of £100,000 worth of jewellery by a fake tradesman who waged a “campaign of burglary” against wealthy homeowners, a court heard.’

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Daily Telegraph, 28th May 2020

Source: www.telegraph.co.uk

Lewes sex abuser Jonathan Smith’s victim feels hope after his jailing – BBC News

Posted May 26th, 2020 in child abuse, imprisonment, mental health, news, sentencing, sexual offences, victims by sally

‘A woman who was systematically abused as a child by a world-renowned music director has gone from “despair to hope” after seeing him finally jailed.’

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BBC News, 22nd May 2020

Source: www.bbc.co.uk

New criminal sentencing provisions: Alcohol Abstinence and Monitoring Requirement comes into force on 19 May 2020 – 5SAH

Posted May 19th, 2020 in alcohol abuse, electronic monitoring, news, pilot schemes, sentencing by sally

‘Following the completion of a pilot of the Alcohol Abstinence and Monitoring Requirement (AAMR), section 76 of the Legal Aid Sentencing and Punishment of Offenders Act 2012 will come into force on 19 May 2020 (UKSI no.478 of 2020). Section 76 inserts a new section 212A to the Criminal Justice Act 2003 (“CJA 2003”), which empowers the court to impose an AAMR as a requirement of a community order or suspended sentence order.’

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5SAH, 12th May 2020

Source: www.5sah.co.uk

Inconsistent sentencing of Defendants in cases where sexual activity against children does not actually take place – Park Square Barristers

Posted May 18th, 2020 in appeals, chambers articles, child abuse, children, news, sentencing, sexual offences, victims by sally

‘This comment focuses upon two recent Court of Appeal judgments:

R v Privett [2020] EWCA Crim 557 (“Privett”); and R v Manning [2020] EWCA Crim 592 (“Manning”).’

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Park Square Barristers, 12th May 2020

Source: www.parksquarebarristers.co.uk

Covid-19 and Suspended Sentences – A Court of Appeal Judgment: R v Christopher Manning [2020] EWCA Crim 592 – St Philips Barristers

Posted May 18th, 2020 in appeals, chambers articles, coronavirus, criminal justice, news, prisons, sentencing, suspended sentences by sally

‘While the Lord Chief Justice and the Lord Chancellor have announced that jury trials will commence this month, we are far from the pandemic’s conclusion. This fear is felt all the more by defendants facing sentencing hearings. Regardless of whether an offence was committed prior to the crisis, or in the currency, it does not change the new threat that an immediate custodial sentence brings – one of health.’

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St Philips Barristers, 13th May 2020

Source: st-philips.com

Sentencing Sexual Cases with a Fake Victim – Broadway House Chambers

Posted May 15th, 2020 in chambers articles, child abuse, deceit, internet, news, sentencing, sexual offences, victims by sally

‘There has been something of an explosion in the number of sexual offences cases coming to the Crown Court where there is no actual victim. Offenders are caught by so-called paedophile hunters or police officers going online and posing as children.’

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Broadway House Chambers, 11th May 2020

Source: broadwayhouse.co.uk

Is it permissible for a defendant to attend (final) confiscation hearings via audio and/or video link during the coronavirus (COVID-19) pandemic court ‘lock down’? – 5SAH

Posted May 15th, 2020 in chambers articles, coronavirus, courts, human rights, news, remote hearings, sentencing by sally

‘Disagreement and divergent approaches to this question persist since the Coronavirus Act 2020 amended the Crime and Disorder Act 1998 (CDA 1998). The position as at 1 May 2020 is as follows. John Oliver discusses for Lexis Nexis PSL.’

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5SAH, 13th May 2020

Source: www.5sah.co.uk

Skegness woman jailed for boiling water attacks on husband – BBC News

Posted May 14th, 2020 in assault, domestic violence, news, sentencing by sally

‘A woman who threw boiling water over her husband, leaving him scarred for life, has been jailed for two years.’

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BBC News, 13th May 2020

Source: www.bbc.co.uk

Courts should consider coronavirus emergency when sentencing, rules Court of Appeal – UK Human Rights Blog

Posted May 13th, 2020 in appeals, chambers articles, child abuse, coronavirus, news, sentencing, sexual offences by sally

‘On 30 April 2019, giving the lead judgment in the Court of Appeal, the Lord Chief Justice considered that the impact of a custodial sentence is likely to be heavier during the coronavirus pandemic than it would otherwise be, and that this was a factor that judges and magistrates can and should keep in mind when sentencing.’

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UK Human Rights Blog, 12th May 2020

Source: ukhumanrightsblog.com

Interpretation of category 1 factors for offences of causing GBH or wounding with intent – R v Xue [2020] EWCA Crim 587 – Park Square Barristers

Posted May 12th, 2020 in grievous bodily harm, interpretation, news, sentencing, wounding by sally

‘This comment notes the recent Court of Appeal decision which focused upon the interpretation of two category 1 factors indicating greater harm under the Sentencing Guideline for causing GBH or wounding with intent under section 18 OAPA 1861 (‘section 18’):

– Injury (which includes disease transmission and/or psychological harm) which is serious in the context of the offence (must normally be present);
– Sustained or repeated assault on the same victim.’

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Park Square Barristers, 5th May 2020

Source: www.parksquarebarristers.co.uk

Guy Delph: ‘Manipulative’ child rapist jailed for life – BBC News

Posted May 11th, 2020 in child abuse, children, imprisonment, indecent photographs of children, news, sentencing, sexual offences by sally

‘A “manipulative” child rapist who shared his abuse images with his uncle has been given a life sentence.’

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BBC News, 7th May 2020

Source: www.bbc.co.uk

Video hearings “more likely to lead to convictions” – Legal Futures

Posted May 6th, 2020 in coronavirus, courts, criminal justice, live link evidence, news, sentencing, statistics by sally

‘Video hearings in certain criminal cases are more likely to lead to defendants receiving a prison sentence, a major study has found.’

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Legal Futures, 6th May 2020

Source: www.legalfutures.co.uk

SRA paralegal banned after child offences conviction – Legal Futures

Posted May 1st, 2020 in child abuse, children, disciplinary procedures, imprisonment, internet, news, paralegals, sentencing, sexual offences, Solicitors Regulation Authority by sally

‘A paralegal who was working at the Solicitors Regulation Authority (SRA) has been banned from the profession after being jailed for online sexual offences involving children.’

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Legal Futures, 1st May 2020

Source: www.legalfutures.co.uk

Martin Cooper: ‘Sadistic psychopath’ sentenced for 1980s rape – BBC News

Posted April 30th, 2020 in murder, news, rape, sentencing by sally

‘A man jailed for life for brutally murdering and raping a teenager in 1987 has been sentenced for attacking a second victim before the killing.’

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BBC News, 29th April 2020

Source: www.bbc.co.uk

Supply teacher jailed for sexually assaulting six girls at primary school – The Guardian

Posted April 28th, 2020 in child abuse, news, school children, sentencing, sexual offences, teachers by sally

‘A supply teacher has been jailed for eight and a half years for sexually assaulting six girls at a primary school in North Yorkshire, two years after similar allegations were dropped.’

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The Guardian, 27th April 2020

Source: www.theguardian.com

The impact of Coronavirus, part 6: sentencing at a time of national emergency – 6KBW College Hill

Posted April 24th, 2020 in chambers articles, coronavirus, criminal justice, news, sentencing by sally

‘As a result of the restrictions on movement imposed due to the current pandemic, the criminal justice system is operating little more than what might be colloquially referred to as a ‘Saturday service’ at present. Despite this, lower-level offences still work their way through the system, while cases involving more serious offences are adjourned pending the relaxation of the restrictions. This blog post concentrates on a topic that has thus far received little attention: sentencing for offences committed at a time of national crisis.’

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6KBW College Hill, 23rd April 2020

Source: blog.6kbw.com

Lollipop man attacked with own stick during man’s assault spree – BBC News

Posted April 24th, 2020 in assault, criminal damage, imprisonment, news, sentencing by sally

‘A man has been jailed after a string of assaults in one day which, officers say, culminated in him smearing his own faeces across a police cell.’

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BBC News, 23rd April 2020

Source: www.bbc.co.uk