CRIMINAL PROCEDURE

[2019] EWCA Crim 2491
[2019] EWCA Crim 2491
CA (Crim Div) (Gross LJ, McGowan J, Butcher J)
25 March 2020

Although there had been failures by the prosecution to comply with disclosure requirements during the appellant’s trial for offences of possession of an imitation firearm and possession of Class A drugs with intent to supply, the judge had resolved those issues in a fair and proportionate way. The verdicts returned by the jury accorded with the evidence and there was no doubt about the safety of the conviction.

[2020] NICA 19
[2020] NICA 19
CA (NI) (Stephens LJ, Treacy LJ, Keegan J)
23 March 2020

The Court of Appeal of Northern Ireland considered the current practice regarding the grant of legal aid in relation to applications before the Court of Appeal for leave to appeal to the Supreme Court.

[2020] EWCA Crim 396
[2020] EWCA Crim 396
CA (Crim Div) (Fulford LJ, Lewis J, Sir Peter Openshaw)
17 March 2020

Where an individual who in 2008 had been convicted of placing a hoax bomb and preparing a terrorist act was subsequently diagnosed as having autistic spectrum disorder, that diagnosis did not affect the safety of his convictions. There had been directly relevant psychological evidence, available at the time of his trial, about his lack of understanding about the consequences of his actions, which his lawyers had chosen not to use because it conflicted with his defence.

[2020] EWCA Crim 354
[2020] EWCA Crim 354
CA (Crim Div) (Simon LJ, Cutts J, Eady J)
11 March 2020

When considering whether the value of two or more low-value shoplifting offences could be aggregated for the purposes of determining a judge’s sentencing powers, the phrase “charged on the same occasion” in the Magistrates’ Courts Act 1980 s.22A(4)(b) referred to when the accused appeared before the magistrates’ court to answer the charges.

[2020] EWHC 496 (Admin)
[2020] EWHC 496 (Admin)
QBD (Admin) (Freedman J)
6 March 2020

In a case concerning a confiscation order made under the Drug Trafficking Act 1994, an individual’s judicial review challenge to a finding that a French property in which he had an interest amounted to the proceeds of crime was bound to fail. The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014, which applied to confiscation orders made under the 1994 Act, made clear that there was no requirement for the Crown to prove that the assets against which enforcement was made had come from the particular drugs offence.

[2020] EWCA Crim 327
[2020] EWCA Crim 327
CA (Crim Div) (Leggatt LJ, May J, Judge Stockdale QC)
21 February 2020

In an appeal against a rape conviction, the trial judge’s omission to direct the jury in the form recommended in R. v Sheehan (Michael) [1975] 1 W.L.R. 739 on the relevance of intoxication to intention did not render the conviction unsafe. The Sheehan direction was not a direction on a matter of law, but on how the jury should approach its fact-finding task. The jury had been directed in the clearest terms to assess the evidence and decide what factual inferences to draw.

[2020] EWCA Crim 413
[2020] EWCA Crim 413
CA (Crim Div) (Davis LJ, Lewis J, May J)
18 February 2020

The expansive definition of “proceeds of an offence” in the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 reg.3(2)(c)(ii) strongly pointed to a wide application of the phrase “in relation to property” in another Member State used in reg.11(2)(a).

[2020] EWCA Crim 155
[2020] EWCA Crim 155
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.

[2020] EWCA Crim 124
[2020] EWCA Crim 124
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.

[2020] EWCA Civ 108
[2020] EWCA Civ 108
CA (Civ Div) (Lord Burnett LCJ, Davis LJ, Simon LJ)
5 February 2020

In refusing to discharge an unexplained wealth order made against a non-EEA national, the Court of Appeal examined the statutory test for identifying a “politically exposed person” within the meaning of the Proceeds of Crime Act 2002 s.362B(4)(a) and confirmed that a broad approach was to be taken to assessing whether an entity was a “state-owned enterprise” for the purposes of Directive 2015/849 art.3(9)(g). It confirmed that neither the privilege against self-incrimination nor spousal privilege applied to the unexplained wealth order procedure.

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