CA (Crim Div) (Fulford LJ, Carr J, Goss J)
2 April 2020
A conviction for conspiracy to pervert the course of justice, involving two co-conspirators only, was quashed as the trial judge had erred in admitting under the Police and Criminal Evidence Act 1984 s.74(1) evidence of the guilty plea of one co-conspirator in the trial of the other. In a “closed” conspiracy involving only two alleged conspirators, such evidence effectively decided the central issue of whether the defendants had entered into the conspiracy and should have been excluded under s.78 of the Act.
CA (Crim Div) (Simon LJ, Fraser J, Hilliard J)
1 April 2020
A conviction for conspiracy to supply Class A drugs was quashed as, while it might have been open to the jury to conclude that the appellant was party to an agreement which involved the onward supply of drugs by him, there was insufficient evidence to establish that he was party to the larger conspiracy alleged. The trial judge had erred in refusing a submission of no case to answer. The court emphasised the importance of legal advisers complying with the time limits for submitting applications for permission to appeal.
CA (Crim Div) (Rafferty LJ, Lewis J, Carr J)
19 March 2020
A sentence of three years and four months’ imprisonment imposed on a man who had pleaded guilty to conspiring to produce and supply cannabis would be reduced to a term of two years and eight months’ imprisonment, partly because of exceptional circumstances in the form of significant health issues.
CA (Civ Div) (Sir Geoffrey Vos C, Patten LJ, Males LJ)
18 March 2020
A judge had failed to apply the correct standard of proof when determining the defendants’ counterclaim of dishonest conspiracy against the claimants, and the matter was remitted to a new judge for re-determination.
CA (Crim Div) (Dingemans LJ, Elisabeth Laing J, Judge Wall QC)
13 February 2020
The Court of Appeal upheld the convictions of two young offenders for conspiracy to commit robbery. The trial judge had been entitled to continue with the trial after a 16-year-old prosecution witness with ADHD, who had given evidence in chief and who had been cross-examined in part on behalf of one of the accused, became distressed and refused to continue to give evidence.
CA (Crim Div) (Thirlwall LJ, Cheema-Grubb J, Judge Wendy Joseph QC)
12 February 2020
The court upheld a conviction for conspiracy to possess prohibited firearms with intent to endanger life in the case of an offender who had been involved in the importation of firearms, concealed in soft toys, from the US. It could not be said that the judge had erred in directions given to the jury in relation to circumstantial evidence and hearsay evidence.
CA (Crim Div) (Simon LJ, Jacobs J, Judge Munro QC)
5 December 2019
When dismissing an appeal against a conviction for conspiracy to corrupt, the Court of Appeal made general observations on the purpose and nature of the summing-up of facts and the scope of a trial judge’s task in that respect.
CA (Crim Div) (Fulford LJ, Nicklin J, Sir Kenneth Parker)
26 November 2019
An individual’s conviction for two counts of conspiracy to cheat the public revenue were safe. Although there had been failures in the prosecution’s disclosure process, they had not been in bad faith and they had been cured by the time of the trial. The prosecution had also been entitled not to investigate further the allegation that there had been another conspirator, due to insufficient evidence against him.
CA (Crim Div) (Simon LJ, William Davis J, Sir Kenneth Parker)
25 October 2019
A total sentence of 12 years’ imprisonment, comprised of consecutive sentences of seven years for five offences of human trafficking and five years for four offences of supplying drugs, was appropriate for a 21-year-old offender considering his relative youth and the fact that he had no real criminal history.
QBD (Stewart J, Master Brown)
24 October 2019
Charges of conspiring to evade the prohibition on the importation of firearms and ammunition in contravention of the Customs and Excise Management Act 1979 s.170(2) fell within Class F, not Class B, of the Table of Offences listed in the Criminal Legal Aid (Remuneration) Regulations 2013 Sch.1 Pt 7.