Category: sentencing

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

Car owner killed vandal caught damaging wing-mirror – BBC News

Posted April 24th, 2020 in alcohol abuse, news, sentencing, suspended sentences, unlawful killing by sally

‘A car owner who fatally injured a vandal caught damaging his wing-mirror has been given a suspended sentence.’

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BBC News, 23rd April 2020

Source: www.bbc.co.uk

UK courts told not to ‘overreact’ during coronavirus crisis – The Guardian

Posted April 20th, 2020 in coronavirus, courts, criminal justice, emergency powers, enforcement, imprisonment, news, nuisance, sentencing by sally

‘Courts must take care not to “overreact in unprecedented times”, a former director of public prosecutions has said, amid concerns that lengthy sentences being imposed during the coronavirus crisis could be excessive.’

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The Guardian, 19th April 2020

Source: www.theguardian.com

Coronavirus: Hull man jailed for coughing in police officer’s face – BBC News

Posted April 17th, 2020 in assault, coronavirus, emergency powers, enforcement, imprisonment, news, police, sentencing by sally

‘A man has been jailed for coughing in the face of a police officer and claiming he had coronavirus.’

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BBC News, 16th April 2020

Source: www.bbc.co.uk

Tougher penalties proposed for attacks on UK emergency workers- The Guardian

Posted April 16th, 2020 in assault, consultations, coronavirus, emergency services, murder, news, sentencing by sally

‘Judges will be able to impose tougher punishments on anyone convicted of assaulting emergency workers or threatening to transmit diseases under sentencing guidelines proposals published on Thursday.’

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The Guardian, 16th April 2020

Source: www.theguardian.com

Four men jailed in first year since upskirting law was introduced – The Guardian

Posted April 14th, 2020 in imprisonment, news, photography, sentencing, sexual offences, statistics, victims, voyeurism, women by sally

‘Four men have been jailed in the year since the upskirting law was introduced in England and Wales, figures show.’

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The Guardian, 11th April 2020

Source: www.theguardian.com

High Court strikes off medical reports doctor for contempt – Litigation Futures

Posted April 14th, 2020 in appeals, contempt of court, doctors, expert witnesses, news, professional conduct, sentencing, suspended sentences by sally

‘A doctor who received a suspended sentence for contempt of court over a false medical report has been erased from the medical register by the High Court.’

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Litigation Futures, 14th April 2020

Source: www.litigationfutures.com

Levi Ogden death: Man who killed partner by throwing phone jailed – BBC News

Posted April 9th, 2020 in domestic violence, homicide, imprisonment, news, sentencing by sally

‘A mother of two died after her drunken boyfriend threw a mobile phone at her neck during a row, a court has heard.’

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BBC News, 8th April 2020

Source: www.bbc.co.uk