SENTENCING

[2020] EWCA Crim 147
[2020] EWCA Crim 147
CA (Crim Div) (Thirlwall LJ, Cheema-Grubb J, Judge Wendy Joseph QC)
12 February 2020

Where a person imported and dealt in Class A drugs over a long period, it was inescapable that an immediate custodial sentence of some length would be imposed, regardless of whether that person was of positive good character with every expectation of good behaviour in future. A judge’s imposition of a suspended sentence in such circumstances had therefore been inappropriate.

DC (Leggatt LJ, May J)
5 February 2020

A 61-year-old man who had posted on his Facebook page photographs purporting to be of the convicted murderers Jon Venables and Robert Thompson, in breach of a worldwide injunction prohibiting the publication of their identity, was given a sentence of four months’ imprisonment suspended for two years.

[2020] EWCA Crim 102
[2020] EWCA Crim 102
CA (Crim Div) (Haddon-Cave LJ, Eady J, Johnson J)
23 January 2020

A sentence of 27 months’ imprisonment which had been imposed on a man who had pleaded guilty to entering into or becoming concerned in a money-laundering arrangement was not manifestly excessive. The man had been a trusted courier of large amounts of money in a cigarette-smuggling operation.

[2020] EWCA Civ 9
[2020] EWCA Civ 9
CA (Civ Div) (Underhill LJ, David Richards LJ, Leggatt LJ)
23 January 2020

The fact that an injunction against “persons unknown” referred to the requirement for an “intention” to impede lawful activities did not render the injunction insufficiently clear or certain to be enforceable by committal to prison following a breach. “Intention” did not have any special legal meaning and was not difficult for a member of the public to understand.

QBD (Admin) (Lewis J)
21 January 2020

The court made a certificate under the Drug Trafficking Act 1994 s.16(2) in relation to property inherited after a confiscation order had been made in circumstances where the original offences had been committed before March 2003 and the Supreme Court had held that s.16(2) did apply to property acquired after a confiscation order had been made.

[2020] NICA 1
[2020] NICA 1
CA (NI) (Morgan LCJ, Stephens LJ, McCloskey LJ)
8 January 2020

The Court of Appeal in Northern Ireland gave guidance on the correct approach to sentencing for fraud and theft where an offender was in a position of trust.

[2019] EWCA Crim 2286
[2019] EWCA Crim 2286
CA (Crim Div) (Lord Burnett LCJ, Fulford LJ, Holroyde LJ)
20 December 2019

In conjoined appeals against sentence brought by two young offenders and an adult offender, the court considered the proper approach to sentencing offenders who suffered from autism or other mental health conditions or disorders.

[2019] NICA 75
[2019] NICA 75
CA (NI) (McCloskey LJ, O'Hara J, Huddleston J)
20 December 2019

The court considered the violent offences prevention order regime under the Justice Act (Northern Ireland) 2015 Pt 8, including the distinction between an order imposed at sentence and a free-standing order, and provided general guidance as to the relevant legal test for imposition of such an order and procedural fairness.

[2019] EWCA Crim 2303
[2019] EWCA Crim 2303
CA (Crim Div) (Garnham J, Judge Picton)
13 December 2019

A recorder had been entitled to conclude that an offence of handling stolen goods was a culpability A case under the sentencing guidelines on the basis that the stolen car had been acquired “very recently” where it had been stolen 11 days before the offender’s arrest.

[2019] EWCA Crim 2289
[2019] EWCA Crim 2289
CA (Crim Div) (Fulford LJ, William Davis J, Johnson J)
12 December 2019

On an ordinary reading of the Criminal Appeal Act 1968 s.1(1), an appellate court had jurisdiction to entertain a defendant’s appeal against conviction on one count on an indictment, even though it had previously determined, on its merits, an appeal by the defendant against a conviction on another count on the same indictment. However, that jurisdiction was to be exercised sparingly and with caution.

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