Court of Appeal (Criminal Division) judgments, 2009

For causing death by careless driving, the fatal harm makes the offence more serious than careless driving without a fatality. Sentence must nevertheless…

Section 240A of the Criminal Justice Act 2003 gives credit only for qualifying electronically monitored bail curfews after its commencement on 3 November 2008.…

Scientific expert evidence is admissible where its basis is sufficiently reliable. It is not subject to an enhanced admissibility test. The judge determines…

In a multi-count trial, the jury must decide separately in each case whether the medical event was caused by natural or non-natural causes. Evidence that a…

Where evidence is admitted by agreement under the Criminal Justice Act 2003, the appellate question is whether its admission or the judge’s directions rendered…

Bad-character evidence admitted through a statutory gateway may be left to the jury despite apparent reliability difficulties where it has significant…

In sentencing unlawful act manslaughter, the court must assess both the offender’s culpability and the harm caused. Under Criminal Justice Act 2003, section…

Property acquired with criminal funds ceases to be criminal property when it is sold to a bona fide purchaser. The consideration received on that sale may…

A Crown Court trial requires a valid indictment. Under the Administration of Justice (Miscellaneous Provisions) Act 1933, a bill becomes an indictment only…

Cross-examination intended to show that a complainant made an earlier false allegation of sexual misconduct requires a proper evidential basis. The material…

A sentencing court should impose the proper sentence and express consecutive terms in the natural and comprehensible order. It should not adjust either the…

Where dangerous or careless driving is alleged to have caused death following a second collision, a causal link that is more than slight or trifling is not…

A term of imprisonment in default of a confiscation order has a purpose distinct from the punitive sentence. It is intended to secure payment where the…

For sentencing causing death by careless driving, driving at a speed inappropriate to the prevailing conditions and thereby losing control on bends falls…

For confiscation under the Proceeds of Crime Act 2002, a defendant benefits from criminal conduct only if he has obtained property or a pecuniary advantage.…

The presumption that mens rea is an essential ingredient of a criminal offence is a constitutional principle. It is displaced only by clear statutory words or…

A prosecution appeal against a terminating ruling under section 58 of the Criminal Justice Act 2003 is available only if the prosecution gives the statutory…

When fixing a minimum term for murder, the court must give full effect to the aggravating features of the killing and any associated offences. A starting point…

In assessing an offender for the dangerous-offender provisions, a sentencing judge may act on the material available. Further investigation is not required…

A conviction is not unsafe merely because later research narrows the possible period for historic offences, where the particular offences proved could still…

A criminal cartel prosecution under Enterprise Act 2002 section 188 does not directly apply the EU rules determining whether agreements between undertakings…

Sentencing guidance for less sophisticated commercial robbery must be applied flexibly. The category can include pre-planning, targeted victims, disguises and…

For a confiscation order, the recoverable amount must reflect the defendant’s actual available assets. An asset which the court is satisfied has no financial…

For a serious offence of threatening a person because that person gave evidence, immediate custody may be required even where the threat is made only once and…

An appellate court will interfere with a sentence only where it is wrong in principle or manifestly excessive. In assessing a sentence for causing death by…

For confiscation purposes, the market value of a pension policy must reflect what can be realised when the order is made. A policy which cannot be surrendered…

Criminal Justice Act 2003, section 100 permits evidence of a non-defendant’s bad character to show either that person’s propensity to commit the alleged…

Fresh expert evidence admitted under section 23(2) of the Criminal Appeal Act 1968 does not render convictions unsafe where it concerns an issue that was not…

Where firearms, ammunition and related items are received and concealed in a single transaction, consecutive sentences should not be used simply to exceed the…

A sentence reduction for assistance given under a statutory agreement is a fact-specific assessment. Percentage ranges described in earlier decisions do not…

A criminal case should not be withdrawn from the jury merely because expert evidence cannot exclude, with scientific certainty, a theoretical possibility…

Separate counts for conspiracies involving different controlled drugs and different criminal activity may properly attract consecutive sentences, even where…

On a prosecution appeal from a terminating ruling, the Court of Appeal will not interfere unless the trial judge’s conclusion was outside the range of…

After quashing convictions obtained through grave prosecutorial misconduct, the Court of Appeal may nevertheless order a retrial under section 7(1) of the…

The intermediate guideline category for causing death by careless driving is residual. It covers driving which is neither momentary inattention without…

In sentencing for manslaughter by diminished responsibility, the court should assess the seriousness of the killing by reference to the guidance in Criminal…

Where offences involve exceptional and sustained brutality, sexual violation of a helpless victim, grave breach of trust and a continuing danger to the public…

A juror’s publicly expressed views on crime, drugs, policing or sentencing do not, without more, establish a real possibility of bias. The question is whether…

In sentencing for supply of ketamine, where authority is sparse, courts should not mechanically extrapolate from sentencing ranges for other controlled drugs.…

Conduct falls outside section 98(b) of the Criminal Justice Act 2003 only where it has a sufficiently close connection with the actual investigation or…

Sentencing for causing death by careless driving requires an objective assessment of the offence and the offender’s culpability. A fact-specific decision in…

For harassment, a jury should be directed to decide whether the incidents it finds proved are sufficiently connected in type and context to amount to a course…

A previous caution may place an accused outside the class entitled automatically to a full good-character direction. The trial judge must then consider…

Sentencing guidelines require a court to begin with a category that matches the sexual activity actually proved. A category requiring genital contact between…

Sentencing guidelines provide a starting point, not an end point. A sentencing judge must identify and weigh the aggravating and mitigating features of the…

In a prosecution for causing death by dangerous driving, evidence of a driver’s alcohol consumption may be relevant to whether the driving was dangerous even…

For the mandatory minimum sentence for a prohibited firearm offence, exceptional circumstances must be assessed holistically. The court must consider all…

A criminal appellate court will interfere with a costs order only where it is wrong in principle or manifestly excessive. A prosecutor may recover only costs…

In sentencing for causing death by dangerous driving, the applicable guideline level and aggravating features must be balanced against substantial personal…

Where jury tampering is established, discharge of the jury is a last resort; but, once jurors have begun deliberating, no informed alternative will normally…

Evidence of prior violence towards the deceased may be admitted as bad-character evidence where it explains the relationship central to the alleged offence and…

Under Criminal Justice Act 2003, Schedule 21 starting-point criteria are normally applicable but are neither exhaustive nor inflexible. The sentencing judge…

For the offence under paragraph 1 of Schedule 3 to the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994, a medicinal product is not…

Property included in a confiscation benefit figure under the statutory assumptions because it was said to be held after conviction cannot remain included where…

The statutory co-operation regime under the Serious Organised Crime and Police Act 2005 coexists with the non-statutory text regime. A formal statutory…

A judge need not give a separate circumstantial-evidence direction merely because the prosecution case includes circumstances capable of supporting guilt. The…

A conviction is unsafe where credible fresh evidence establishes the truth of the accused’s central account and destroys an essential factual premise of the…

A challenge to a complainant’s credibility based on an earlier allegedly false allegation requires a proper evidential basis: evidence capable of satisfying a…

A transient visual display generated while a counterfeit computer game is played may reproduce a substantial part of an individual artistic work embodied in…

A judge does not display actual or apparent bias merely by expressing justified scepticism, identifying a provisional sentencing view founded on the evidence…

A juror’s expression of personal distress and doubt during deliberations does not, without more, show that the jury has misunderstood the burden or standard of…

Where a victim has instituted, or intends to institute, civil proceedings for loss caused by relevant criminal conduct, Criminal Justice Act 1988, section…

For the exception in section 35(1)(b) of the Criminal Justice and Public Order Act 1994 to apply, there must be evidence that the accused’s physical or mental…

A minimum term for murder may properly begin at 30 years under Schedule 21 where the sentencing judge is entitled to find that the killing was sadistic. Youth…

A guilty plea given after erroneous legal advice is a nullity only where the error goes to the heart of the plea, so that it was not a true and free…

A recommendation for deportation may properly accompany sentence for the fraudulent use of a passport where the offender’s continued presence is potentially…

An extended sentence under Powers of Criminal Courts (Sentencing) Act 2000, section 85, may be imposed only for offences committed on or after 30 September…

Where a defence of duress is properly raised and the evidence does not compel its rejection, the issue should remain for the jury. A judge should not withdraw…

Where a jury hears evidence of a defendant’s reprimands or warnings as evidence of bad character, the judge must give clear guidance on its proper use. The…

A sentence may be plainly lenient without being unduly lenient for the purposes of section 36 of the Criminal Justice Act 1988. Sentencing for sexual activity…

For the purpose of fixing a minimum term for murder, a mental disorder arising from substance misuse is mitigating only if it lowers the offender’s degree of…

For an Attorney General’s reference, a sentence at the bottom of the appropriate range is not necessarily unduly lenient. The appellate court must assess the…

On an Attorney General’s reference, the Court of Appeal will not increase a sentence merely because it is lenient. Intervention is justified only where the…

An imprisonment for public protection sentence is a protective, not retributive, measure. It may be imposed only where the evidence establishes a significant…

The amendment to section 265 of the Criminal Justice Act 2003 by the Criminal Justice and Immigration Act 2008 did not repeal the transitional operation of…

For credit under section 240A, the relevant period of bail subject to the required conditions must fall on or after 3 November 2008. Time spent on qualifying…

For an offence under section 16 of the Firearms Act 1968, the requisite intent need not be immediate or unconditional. A jury may infer intent to use a…

A participant in a joint criminal enterprise may be liable for a killing where the violence used was within the scope of what that participant intended or…

An imprisonment for public protection under section 225(3B) of the Criminal Justice Act 2003 requires a notional minimum term of at least two years. A court…

Under section 4 of the Criminal Procedure (Insanity) Act 1964, the requirement for evidence from two registered medical practitioners, including an approved…

In assessing an unduly lenient sentence for causing death by dangerous driving, the court should identify the applicable guideline level and its sentencing…

For sentencing an offence under section 18 of the Offences Against the Person Act 1861, particularly grave injury is not confined to permanent injury.…

A sentencing court must have regard to relevant definitive guidelines under the Criminal Justice Act 2003, but must read them as a whole. A guideline starting…

A guilty plea entered after a trial has begun may properly attract only limited credit, even where the jury was discharged through no fault of the defendants.…

For blackmail under section 21 of the Theft Act 1968, an unwarranted demand with menaces does not require the demander to be the threatened aggressor, to…

For contempt committed in the face of the court, a judge must balance the need for prompt and decisive action with safeguards against a sentence imposed in the…

Where a jury has convicted of assault occasioning actual bodily harm, its verdict necessarily establishes common assault if that lesser offence was available…

A police officer who accesses confidential police records for personal purposes commits a grave breach of trust. The misuse is especially serious where…

A robbery which broadly falls within the Level 2 guideline category may nevertheless justify a severe sentence within the guideline range where cumulative…

Under section 139(1) of the Criminal Justice Act 2003, a witness need not first demonstrate a failure of memory before using an earlier statement to refresh…

Under section 35(1)(b) of the Criminal Justice and Public Order Act 1994, the issue is whether the accused’s physical or mental condition makes it undesirable…

On a reference alleging undue leniency, the Court of Appeal will not interfere merely because a longer custodial sentence could properly have been imposed. It…

In a criminal trial, jurors should be directed that they must be sure of guilt before convicting. A judge should avoid trying to distinguish being sure from…

An interim indication that a jury has not reached verdicts, followed by unanimous verdicts after further deliberation, does not without more justify an…

In assessing whether a sentence for repeated rape is excessive, the court may test the sentence by identifying the implied post-trial starting point and the…

In sentencing serious criminal-property offending which facilitates identity and banking fraud, the court may properly treat deterrence and the prevalence of…

For domestic burglary sentencing, the applicable guideline category and range must be observed. Where the offence falls within the middle category of limited…

A trial judge may withdraw a criminal case from the jury only where the evidence is such that no reasonable jury, properly directed, could convict.…

On a renewed application for leave to appeal sentence, a total sentence will not be disturbed unless it is manifestly excessive. The principle of totality does…

An alleged statement may be admitted as a confession where, if the jury finds that it was made, it is capable of amounting to an acknowledgement of guilt on…

For an offence of perverting the course of public justice, an immediate custodial sentence will ordinarily be required unless exceptional circumstances exist.…

A statutory conferral of functions on an existing corporate regulator does not, without clear express language, remove its general capacity to bring a private…

Sentencing guidelines should ordinarily be followed. A judge who departs from an applicable guideline should identify it and give good and cogent reasons for…

A prosecution case is not too weak to leave to the jury merely because an alternative explanation can be constructed without evidential support. Where that…

An abuse of trust in sentencing for a sexual offence is not confined to a conventional caring, teaching or parental relationship. It may arise where the…

A judge must decide whether the evidence is legally capable of establishing a good reason under section 139(4) of the Criminal Justice Act 1988, but should be…

A prohibition in a sexual offence prevention order must be necessary to protect the public from serious sexual harm. Its terms must be tailored to the…

A refusal of further disclosure under Criminal Procedure and Investigations Act 1986, s.8(2), will not render convictions unsafe where the defence has the…

Under section 3(1) of the Health and Safety at Work etc Act 1974, the prosecution must prove that non-employees were exposed to a material risk to health or…

For confiscation under the Proceeds of Crime Act 2002, the market value of unlawfully imported drugs may be their value in the illicit market where no…

Freshly disclosed material does not render a conviction unsafe merely because it should have been disclosed. The appellate court must assess its overall…

A conviction will not be disturbed merely because prosecution evidence contains inconsistencies. Where the trial judge has fairly identified those…

A trial judge must leave an alternative verdict where it is obvious on the evidence, a jury could reasonably reach it, and it can be left without unfairness.…

A guilty plea entered on rearraignment, six weeks after a not-guilty plea and after a trial date has been fixed, is not a plea at the first reasonable…

For serious firearms offending, public protection is paramount, although all statutory purposes of sentencing remain relevant. The guidance in R v Avis and…

Where a defendant attacks the character of a prosecution witness, evidence of the defendant’s bad character may be admitted through the witness-character…

In fixing a minimum term for murder, the sentencing court may begin with the applicable statutory starting point and increase it for aggravating features…

When considering a travel restriction order under section 33 of the Criminal Justice and Police Act 2001, a sentencing court must make an individual and…

A conviction is not rendered unsafe merely because it appears surprising when compared with an acquittal on another count. An appellant alleging inconsistent…

For a repeated campaign of rape against the same victim, the applicable sentencing starting point is 15 years and upwards. The court must then assess…

A suitably qualified photographic-comparison expert may give an opinion on the significance of identified facial similarities or dissimilarities. The absence…

A restraint order which compels disclosure must preserve the defendant’s privilege against self-incrimination. A prohibition on disclosure to a co-defendant…

Fact-specific appellate sentencing decisions which are not guideline cases do not create a court-made maximum sentence for later cases. The appropriate…

Where a defendant pleads guilty to inflicting grievous bodily harm on a basis which does not admit an intention to cause injury, sentence should reflect…

Evidence of a co-accused’s conviction may properly be admitted under section 74 where the defence has put the co-accused’s knowledge or state of mind in issue…

For sentencing careless driving causing death, Parliament has made the consequence of the driving crucial. Comparable culpability may therefore attract…

Where the statutory preconditions for a prosecution appeal may not have been met, the court should not finally determine jurisdiction without proper argument.…

In an appeal against sentence, a severe sentence is not manifestly excessive merely because it is severe. The appellate court may give substantial weight to…

Where an offender has been released on licence from an earlier sentence, a sentencing court cannot direct a later term of imprisonment to begin when that…

Recklessly directing a laser at an aircraft may warrant an immediate custodial sentence where the conduct creates a grave and potentially catastrophic risk to…

Aggravated burglary involving a masked and armed entry into an occupied home, with intent to cause grievous bodily harm, ordinarily requires a substantial…

An unchallenged basis of plea must be respected in sentencing. A sentencing judge should not sentence on a more serious factual basis which is inconsistent…

In sentencing a child for grave sexual offences, the court must strike a difficult balance between protecting present and potential victims and safeguarding…

Where an offender receives the statutory minimum sentence for a serious firearms offence and a separate drug-supply offence has aggravating features…

For sentencing an offence under section 20 of the Offences Against the Person Act 1861, an injury is particularly grave only if it is particularly serious by…

Where a sentencing judge adopts the wrong starting point under the applicable definitive sentencing guideline, the resulting sentence may be quashed and…

In sentencing for manslaughter arising from a joint enterprise, the court must distinguish between offenders where their respective roles and culpability are…

A prosecution for historic sexual offences should be stayed for delay only where the delay or loss of material causes concrete prejudice such that a fair trial…

Credit for time spent on bail under section 240A of the Criminal Justice Act 2003 is available only where the statutory conditions are met, including…

A permanent stay for delay is exceptional. It requires serious prejudice such that no fair trial can be held, or some other compelling unfairness. A breach of…

Where consecutive custodial sentences include one of less than 12 months and one of 12 months or more, the order in which they are imposed can affect home…

Where the evidence plainly raises an obvious lesser alternative offence, the trial judge should normally leave it to the jury regardless of counsel’s tactical…

Where the statutory minimum sentence for a third domestic burglary would otherwise apply, a court may impose a community order if it concludes that particular…

For possession of a stun gun without aggravating features, a sentence of less than 12 months’ imprisonment will generally be appropriate after a contested…

Where an offender meets the statutory dangerousness criteria, the sentencing court must assess the actual level of future risk. Serious ill health may reduce…

For attempted voyeurism, the aggravating features in the sentencing guideline are not exhaustive. Observing a vulnerable child, continuing attempts after an…

For sentencing dangerous driving, the court should apply the guideline level that reflects the actual degree of risk and culpability. A lawful hands-free…

Possession of a firearm with intent to cause fear of violence in a public setting is a serious offence which ordinarily merits an immediate custodial sentence…

Criminal Justice Act 1988, section 41 permits a summary-only offence to be committed to the Crown Court only with an associated either-way offence committed at…

Under section 101(1)(e) of the Criminal Justice Act 2003, a co-defendant’s bad-character evidence is admissible only where it has substantial probative value…

For a serious street robbery in which a knife is used to threaten the victim, a custodial sentence will ordinarily be inevitable, including for a young…

For possession of an extreme pornographic image under Criminal Justice and Immigration Act 2008, the prosecution must prove both physical custody or control…

In a joint-enterprise killing, withdrawal requires more than a participant turning away shortly before the fatal culmination of a prolonged chase. Where the…

Where reliable medical evidence shows that imprisonment has significantly worsened a progressive illness and makes custody substantially more onerous for an…

Judicial continuity is the ordinary rule in the management of a complex criminal case. A judge who has conducted a preparatory hearing should normally conduct…

Where one prisoner gives evidence against another, the trial judge must be alert to evidence-based indications of an improper motive. If such indications…

An acquittal of a co-defendant does not make a defendant’s conviction logically inconsistent where the evidence permitted the jury, after proper separate…

Where an accused person is tried in absence because an unintentional communication failure left him unaware of the trial date, and the trial judge concludes…

Where a deceased witness’s statement is admitted, the trial judge has discretion to tailor the jury direction to the circumstances. A clear warning that the…

For a rape falling within the second category of the definitive sentencing guideline, the presence of several specified features may justify sentencing at the…

Under section 23 of the Criminal Appeal Act 1968, fresh expert evidence should not be received merely to retry a dispute which the jury resolved after hearing…

An extended sentence under section 227(2) of the Criminal Justice Act 2003 may be imposed only if either the offender has the required previous conviction in…

A sexual offences prevention order under Sexual Offences Act 2003 may last indefinitely only where that duration is necessary to protect the public or a…

On an appeal founded on fresh evidence, the question is whether the evidence might reasonably have affected the jury’s decision to convict and thereby rendered…

For the purposes of section 329 of the Proceeds of Crime Act 2002, consideration bears its ordinary legal meaning. A genuine mortgage deed may therefore…

In confiscation proceedings under the Proceeds of Crime Act 2002, the court must follow the statutory questions in sequence. The prosecution must first prove…

On an appeal founded on fresh evidence, the question is whether the evidence, if capable of belief, may make the conviction unsafe. Where an appellant advances…

A deferred-sentence order imposing terms is a sentence for the Attorney General’s reference jurisdiction under section 36 of the Criminal Justice Act 1988.…

A stay of a criminal prosecution for abuse of process is justified only where the conduct relied upon has made a fair trial impossible or has otherwise…

A serving police officer is not automatically disqualified from jury service. The question is whether a fair-minded and informed observer would see a real…

Where a summary offence is included in an indictment under Criminal Justice Act 1988, section 40, the Crown Court may sentence it only as a magistrates’ court…

In matrimonial ancillary-relief proceedings, the statutory duty to consider all the circumstances and the corresponding obligation of full and frank disclosure…

A Crown Court may not stay properly instituted confiscation proceedings merely because the statutory result appears oppressive. A stay is reserved for a true…

The test for dangerous driving under Road Traffic Act 1991 section 2A is wholly objective. It is assessed by reference to the competent and careful driver, not…

For an offence of breaching an anti-social behaviour order under Crime and Disorder Act 1998, section 1(10), the defendant bears only an evidential burden to…

Where diminished responsibility is contested, the question whether mental responsibility was substantially impaired is ordinarily for the jury. The jury must…

Where a co-defendant seeks to adduce bad-character evidence under section 101(1)(e) of the Criminal Justice Act 2003, notice and an application are required. A…

Where the prosecution does not challenge a defendant’s basis of plea and no Newton hearing is held, sentence must be passed on that basis. In a large-quantity…

For a third domestic burglary, the statutory minimum custodial sentence must be applied unless particular circumstances relating to the offence or offender…

In reviewing a sentence under Criminal Justice Act 1988, section 36, the court must distinguish a sentence which is lenient from one which is unduly lenient.…

Sentencing for a conspiracy to obtain, create and supply false identity documents must reflect the proven breadth of the operation, each offender’s role and…

For assault by penetration involving a finger and no physical injury, the applicable definitive guideline gives a starting point of two years’ imprisonment and…

For an offence under section 111A(1B) of the Social Security Administration Act 1992, a third party does not dishonestly allow a benefit claimant to omit…

In a sentence appeal for manslaughter, the question is whether the sentence is manifestly excessive. Proper weight is given to the sentencing judge’s…

Where a prosecutor has accepted a detailed basis of plea and the sentencing court has acted upon it, the prosecutor may not later bring a related prosecution…

A post-trial expert report which arguably shows that scientific opinion presented at trial lacked a proper foundation may provide a sufficient basis for leave…

A finding that a witness refuses to give evidence through fear under section 116(2)(e) of the Criminal Justice Act 2003 requires a properly informed assessment…

A conviction under section 1 of the Fraud Act 2006 cannot stand where the alleged conduct occurred before the Act came into force. A count which gives an…

For a guilty plea entered only on the first day of trial after a sustained denial of involvement, a sentencing judge may properly allow a limited reduction.…

For an offence under section 3A(1)(c) of the Road Traffic Act 1988, the prosecution need prove careless driving causing death and an unjustified failure to…

Under section 23 of the Criminal Appeal Act 1968, the admission of fresh evidence is a broad, fact-sensitive question governed by the interests of justice. The…

Payment of a fixed penalty notice under the Criminal Justice and Police Act 2001 discharges liability to conviction only for the offence specified in the…

A secondary party to murder may be liable where he participates in a common enterprise, knows that an associate has an obviously lethal weapon, and foresees…

For assault occasioning actual bodily harm, sentence must reflect both culpability and harm. Harm includes injury intended or foreseeably capable of being…

Sentencing for a serious offence under Protection from Harassment Act 1997 must reflect the full circumstances. The guidance in Liddle and Hayes [2000] 1…

For confiscation under the Proceeds of Crime Act 2002, a court must determine the facts, apply the statutory language closely, and use ordinary common-law…

A trial judge must leave an alternative verdict where it is obviously raised by evidence. The duty belongs to the judge, regardless of counsel’s position.…

In a criminal trial in England and Wales, an overseas witness cannot give evidence by telephone unless Parliament has provided that power. The scheme in the…

When fixing a murder minimum term under Criminal Justice Act 2003, Schedule 21, the court must assess whether a mental disorder actually lowered culpability…

Where potentially relevant material is held overseas by an authority beyond the jurisdiction of the courts of England and Wales, the Crown must pursue…

In sentencing for manslaughter following an unplanned and reckless use of a knife, the court must balance the inherent culpability of brandishing a dangerous…

Where expert evidence of autistic spectrum disorder may bear upon the mental element of an offence, the judge should relate the mental requirements of the…

For firearms offences carrying a statutory minimum sentence, departure is permitted only where circumstances are genuinely exceptional and justify it in light…

A finding of dangerousness justifying imprisonment for public protection may be supported by the current offence, relevant previous convictions and an…

Under section 23 of the Criminal Appeal Act 1968, the statutory considerations governing fresh evidence are relevant factors, not cumulative conditions. An…

Fresh evidence should be admitted under Criminal Appeal Act 1968 where the statutory considerations are met. The appellate court must then decide whether the…

Under section 5(1) of the Indictments Act 1915, an indictment may be amended only when the court itself exercises its discretion and positively makes an order…

For sentencing an attempt to import a controlled drug, the offender’s culpability may be the same as if the substance were genuine. The sentence must…

A prosecution may advance its case that an accused played the leading role in a joint attack where there are proper grounds for that allegation; it is not…

A plea of guilty by an absent co-defendant is evidence under section 74 that the co-defendant committed the offence to which the plea relates. Where aggravated…

On an appeal based on fresh psychiatric evidence, the Court of Appeal must assess the evidence in the context of the case as a whole and decide for itself…

An offender’s age and the possibility that a minimum term may result in death in prison are material sentencing considerations. They are not determinative. The…

Definitive sentencing guidelines must be considered, but they are not rigid. A sentencing judge may impose a more or less severe sentence where the…

Robbery offences which deliberately target elderly or otherwise vulnerable people in their homes demand severe punishment. A sentencing court must account for…

Sentencing for breach of a sexual offences prevention order requires an assessment of both culpability and harm. Culpability is aggravated where the offender…

A criminal trial judge must not use material from a defendant’s legal-aid application, which is not evidence in the trial, to challenge the defendant’s…

Where a court finds under section 110(2) of the Powers of Criminal Courts (Sentencing) Act 2000 that it would be unjust to impose the seven-year minimum…

Driving despite repeated, competent medical advice not to drive pending investigation of a condition capable of causing an epileptic blackout may, on the…

Perverting the course of justice will almost always require an immediate custodial sentence unless exceptional circumstances justify a different course. Its…

For confiscation following breach of a director’s disqualification order or undertaking, the ordinary statutory inquiry applies. The court must identify…

In sentencing for perverting the course of justice, the court should assess the seriousness of the substantive offence, the persistence of the offender’s…

For a second murder, paragraph 4 of Schedule 21 to the Criminal Justice Act 2003 normally makes a whole life order the starting point because the offence is of…

Where a trusted member of the Armed Forces communicates, or intends to communicate, information that may assist an enemy while serving in a theatre of military…

The totality principle applies where an offender receives a mandatory minimum sentence for possessing a prohibited firearm and a consecutive sentence for…

The appellate court must assess alleged fresh evidence in the context of the whole case. Where it concerns the credibility of a material prosecution witness…

In a robbery trial, the jury must be directed clearly by reference to the statutory ingredients and the accused’s state of mind. Where joint enterprise is…

A sentencing court may take account of a death which an offender’s conduct factually set in train, even though the legal causal connection is insufficient to…

In sentencing for aggravated burglary, substantial personal mitigation, a guilty plea and an absence of intent to cause grievous bodily harm do not outweigh…

Where a sentencing judge has expressly promised a defendant the full one-third credit for a guilty plea, the sentence must give effect to that precise…

In sentencing for causing death by dangerous driving, a defendant who contested the charge may lose credit for a guilty plea. However, an inability to accept…

A prison officer who knowingly permits or acquiesces in a prisoner’s possession and use of a mobile telephone commits serious misconduct. The potential to…

A defendant who serves a pre-prepared statement and then gives no-comment answers in interview has no automatic immunity from an adverse-inference direction…

For serial exposure offences, custody may be justified where the conduct is planned, persistent, directed at several victims, and involves an abuse of…

In sentencing for manslaughter by reason of provocation, the degree of provocation must be assessed on a continuum within the guideline categories. The court…

Under section 76 of the Criminal Justice Act 2003, an acquittal may be quashed and a retrial ordered only where there is both new and compelling evidence and…

Under Criminal Justice Act 2003, an acquittal may be quashed only where there is new and compelling evidence and a retrial is in the interests of justice. The…

A trial judge may comment on an accused’s failure to call an available and apparently relevant witness, but must do so fairly. The jury should be cautioned…

A Crown Court cannot make a confiscation order where it gives an offender an absolute or conditional discharge. A discharge under Powers of Criminal Courts…

A sentence for simple possession of heroin is manifestly excessive where the sentencing judge proceeds on the erroneous basis that the offence was possession…

Deliberate manslaughter committed by use of a dangerous weapon is within a high range of culpability, even where the offender did not arm himself and retain…

For sentencing under section 20 of the Offences Against the Person Act 1861, serious and permanent injury and the use of a glass are grave aggravating…

Criminal Justice Act 2003, Schedule 21 provides a non-exhaustive framework for fixing the minimum term for murder. The court must assess whether the murder is…

Deliberate insider dealing is a serious species of fraud, rather than a merely regulatory contravention. It betrays confidence entrusted to market participants…

For the purposes of section 327(1)(c) of the Proceeds of Crime Act 2002, criminal property is converted when it is lodged in, credited to, retained in, or…

Guideline sentencing brackets for serious fraud are guides, not inflexible limits. In assessing sentence, the court must consider the scale and duration of the…

Sentencing guidelines for sexual offences must be applied with flexibility. Their ranges and listed aggravating factors do not displace the court’s duty to…

Under section 44 of the Criminal Justice Act 2003, a Crown Court judge must order trial without a jury if sure that both statutory conditions are met. The…

Hearsay under section 116(2)(d) of the Criminal Justice Act 2003 is admissible only where the prosecution proves that all steps reasonably practicable to find…

When sentencing an offender for conveying a prohibited article into prison, the court should take account of a prison adjudication and punishment imposed for…

In sentencing for publishing obscene articles, the factual basis may reflect an accepted course of previous trading as well as representative specimens.…

Article 6(3)(d) does not impose an absolute prohibition on a conviction based wholly or decisively on hearsay from an identified but absent witness. Where the…

A conviction is not rendered unfair merely because a serving police officer sat on the jury. The question is whether a fair-minded and informed observer would…

When fixing the minimum term for a murderer aged just over 18, the statutory starting point in Schedule 21 is the required first stage but is not…

A criminal trial may fairly proceed in a defendant’s absence where the defendant knows of the trial, deliberately declines to attend or be represented, and the…

A dwelling burglary may properly fall outside the ordinary sentencing bracket where the offender uses repeated violence against an elderly and vulnerable…

A conviction is not unsafe merely because a trial judge has acted impatiently or made errors in courtroom management. The appellate court must assess the trial…

A summing-up is sufficient if it clearly identifies the issue for the jury and the substance of the defence. It need not repeat an accused’s interview account…

For causing death by dangerous driving, a sentencing court may depart below the starting point for the lowest dangerous-driving category where the driving is…

A life sentence is appropriate for very grave terrorist offending where the offender presents a risk of very grave harm for a period that cannot reliably be…

A sentence for involuntary manslaughter was not arguably manifestly excessive merely because the offender was elderly, of previous good character, and had…

For a substantial Class A drug importation, sentence is assessed principally by the quantity at 100 per cent purity, the offender’s role, and the need for…

When fixing the minimum term for imprisonment for public protection, the court must sentence the actual pattern of offending. Robbery guidelines based on a…

In a prosecution for causing death by careless driving following successive road incidents, the defendant’s driving must do more than create the occasion for…

A co-defendant’s guilty plea is admissible under section 74 only where the fact of that conviction is relevant to an issue the jury must decide. A plea to a…

Sentencing guidelines guide the assessment of seriousness but cannot prescribe the appropriate sentence for every assault. A sustained domestic assault…

Under section 14A of the Football Spectators Act 1989, a football banning order may properly be made following a relevant football-related conviction even…

In sentencing a child for grave offences, the court must assess culpability by reference to the offender’s actual role, maturity, intellectual functioning and…

In sentencing for causing death by dangerous driving, the guideline seriousness factors are illustrative. Greatly excessive speed, deliberate showing off…

When reviewing sentence, a maximum unpaid-work requirement must remain proportionate to the facts and to the other sentencing requirements imposed.…

In a review under Criminal Justice Act 2003, Schedule 22, the court must conduct a fresh statutory assessment. It must have regard both to Schedule 21 and to…

A whole life order imposed judicially for an exceptionally grave murder may represent a just and proportionate punishment. It does not thereby breach article 3…

In sentencing for causing death by dangerous driving, culpability must be assessed by reference to the offender’s actual awareness of a medical impairment. A…

A reference by the Attorney General under section 36 of the Criminal Justice Act 1988 does not extinguish a defendant’s unexercised statutory right to one…

The ‘significant risk’ condition in section 225 of the Criminal Justice Act 2003 requires a qualitative and fact-sensitive assessment. A sentencing judge may…

On an appeal against sentence, the decisive question is whether the sentence is commensurate with the offender’s overall criminality. A sentence near the top…

For a serious offence of managing a brothel, a sentence within the applicable guideline range will not be interfered with merely because imprisonment bears…

Under sections 76 and 78 of the Criminal Justice Act 2003, a retrial after acquittal requires evidence that is new and compelling, as well as an order in the…

A special warning about delay or a special need for caution in allegations of sexual abuse is not mandatory merely because the complainant was young when the…

A Crown Court has no jurisdiction to accept a guilty plea to the summary form of an offence under Dangerous Dogs Act 1991, section 3 where no statutory…

When deciding whether to admit disputed bad-character allegations under section 101(3) of the Criminal Justice Act 2003, the judge must assess their cumulative…

When fixing the minimum term for imprisonment for public protection, the court should assess the appropriate notional determinate sentence on the particular…

A sentence for attempted arson with intent to endanger life must reflect the grave danger deliberately created, even where no fire or injury results because…

For sentencing for causing death by dangerous driving, competitive and aggressive racing over several miles may justify a sentence near the top of the Level 2…

A sentence for reckless arson must reflect the foreseeable danger to neighbours, rescuers and the public, even where no one is injured. Particular weight may…

An extended licence imposed under section 86 for historic sexual offences is a preventive, rather than punitive, measure. Its application does not impose a…

A criminal trial should be stayed for abuse of process only where the accused establishes that a fair trial cannot be achieved and the trial process cannot…

A guideline starting point for a first offender does not mechanically determine sentence where the offence has substantial aggravating features. An…

On an Attorney-General’s reference, an appellate court may intervene in a discretionary sentencing decision only where compelling grounds show an error…

A sentencing judge who departs from the applicable definitive guideline must explain the departure. A sentence may properly exceed the guideline range where…

For the dangerousness assessment under the Criminal Justice Act 2003, the absence of previous serious harm does not preclude a finding of a significant risk of…

When fixing the minimum term for murder arising from prolonged domestic abuse, a court must not punish an offender for unconvicted violence against former…

Sentencing for possession and deployment of a knife must reflect the actual character of the offending. A court should not apply the sentencing approach for…

A sentence is not unduly lenient merely because it is merciful. A reference under Criminal Justice Act 1988, section 36 fails where, after proper allowance for…

Deliberate use of a hand-held mobile telephone, including texting, while driving is unlawful and inherently distracting. Where it contributes to dangerous…

Where competing expert explanations are central to a criminal charge, the jury must be directed on how the unresolved expert issue bears on the burden of…

Where a sentencing judge has wrongly imposed determinate sentences despite the mandatory dangerous-offender regime, the Court of Appeal cannot substitute…

A whole life order is a sentence of last resort, reserved for offences of the most extreme gravity. In assessing whether it is justified, earlier convictions…

The seriousness of theft and deliberate defacement of rare library material is not measured solely by market or replacement value. It includes the damage…

For confiscation purposes, benefit must be based on property personally obtained by the defendant. It is not enough that the defendant helped an employer or…

Under the statutory hearsay code in the Criminal Justice Act 2003, a non-oral communication is hearsay where it is tendered to prove matters asserted in it and…

Sentencing starting points for murder must not be applied mechanically. The court must assess the detailed circumstances of the individual case and make the…

When sentence has been deferred, the sentencing judge at the later hearing should decide whether the offender has substantially complied, or attempted to…

An extended sentence under Criminal Justice Act 2003 requires each statutory condition to be independently satisfied. Dangerousness is assessed prospectively.…

The Court of Appeal granted leave to appeal against a conviction for acquiring criminal property contrary to section 329(1)(a) of the Proceeds of Crime Act…

An imprisonment for public protection sentence requires an evidential basis for finding a significant risk that further specified offences will occasion…

Under the Drug Trafficking Act 1994, the court must determine benefit and the realisable amount as distinct questions. Once benefit has been established, it…

Robbery involving entry into a victim’s home ordinarily attracts a substantially higher sentence than comparable street robbery or robbery of small business…

Under Explosive Substances Act 1883, section 4 requires a person who has made or possessed an explosive in suspicious circumstances to establish an affirmative…

A provocation direction is adequate when, read as a whole, it requires the jury to assess both the defendant’s actual loss of self-control and the gravity of…

A casual worker may be employed under an individual contract of employment while actually working, although neither party is bound to offer or accept work…

A judge must leave self-defence to the jury if it arises on any view of the evidence, regardless of the parties’ agreement. Where the evidence provides no…

An extended licence period must be justified by positive evidence of continuing risk and of what can realistically be achieved during that period. A long…

For causing death by careless driving, a momentary failure to ensure that a main road is clear before making a U-turn may amount to carelessness of a high…

Where prosecution requires consent under Terrorism Act 2000, proceedings must not be instituted before the required consent and any necessary permission have…

For the purposes of Criminal Justice Act 2003, evidence said to show that a defendant would participate in a conspiracy to burgle is, in substance, propensity…

A finding that an offender is dangerous does not itself justify a life sentence. Under section 225(2)(b) of the Criminal Justice Act 2003, life imprisonment is…

A victim of theft from the person is not “vulnerable” merely because the victim carries a bag which makes theft easier. The offender must have targeted the…

Under section 16(4) of the Drug Trafficking Act 1994, realisable property is not confined to assets specifically identified by the prosecution. The court may…

A jury must determine whether an indecent-photograph count is proved by reference to the particular photograph charged. A direction permitting conviction if…

For connected counts of conspiracy to defraud, the total sentence must respect the statutory maximum applicable to the offending as a whole. Distinct…

In diminished-responsibility manslaughter, the seriousness of the offence requires assessment of both culpability and harm. Reduced responsibility is inherent…

For gross negligence manslaughter by omission, a duty to act may arise where a person has created or contributed to a state of affairs which that person knows…

In sentencing serious fraud, the court must assess both culpability and all harm caused, intended or foreseeably caused. Under section 143 of the Criminal…

Where an offender continues to drive despite a progressively declining ability to concentrate caused by tiredness, the absence of deliberate dangerous driving…

Where diminished responsibility is based on alcohol dependency syndrome, a jury must not treat the defence as unavailable merely because some alcohol was…

Under Criminal Evidence (Anonymity of Witnesses) Act 2008, a pre-commencement anonymity order renders a conviction unsafe only where the order could not have…

Where a victim dies years after an assault for which the offender has already been sentenced, an immediate custodial sentence for manslaughter may properly be…

A defendant’s statement that he recognised a juror as someone he may have seen in a public place, without any personal acquaintance or further relevant…

A sentence of life imprisonment under section 225 of the Criminal Justice Act 2003 is reserved for cases in which the offender’s culpability is particularly…

For fire-safety offences, sentence must reflect the gravity, duration and deliberateness of the breach, including the extent to which it compromised safe…

Imprisonment for public protection is not justified merely because an offender presents a high risk of further specified sexual offending. The assessment must…

In sentencing an attempted confidence fraud, the court must assess the offender’s record, planning, use of another person’s identity and the need to protect…

A conviction is unsafe where post-trial DNA evidence establishes that the accused could not have been the person who raped the victim, and the prosecution case…

Under section 18 of the Prosecution of Offences Act 1985, an order for a convicted defendant to pay prosecution costs depends on whether payment to the…

An initial aggressor is not automatically deprived of self-defence. If the response to the initial aggression may have created an honest belief that force was…

A previous allegation of sexual assault said to be false concerns the complainant’s prior statement, rather than sexual behaviour, where there is a proper…

Consecutive sentences for offences arising from one incident should not normally be imposed. They may nevertheless be justified by exceptional circumstances…

Under Criminal Justice Act 2003 s 240, time spent in custody on remand should ordinarily count towards a custodial sentence. The sentencing court must make the…

Where a young offender carries a knife in public for possible use and then uses it to stab another person, causing or intending really serious injury, custody…

A defendant’s bankruptcy does not prevent the making of a confiscation order. Property vested in a trustee in bankruptcy remains property held by the defendant…

Where an offence was committed over a period spanning the commencement of section 240 of the Criminal Justice Act 2003, the statutory last-day rule governs…

Prolonged reading and composing text messages while driving is a gross and avoidable distraction. Where it occurs in darkness on a motorway, the cumulative…

A prosecution appeal under section 58 of the Criminal Justice Act 2003 is subject to a strict, prompt notification requirement. Immediately after an adverse…

Offences of possessing or converting criminal property under the Proceeds of Crime Act 2002 are independent of the antecedent criminal conduct that generated…

In a tobacco-smuggling confiscation case, a pecuniary advantage based on unpaid excise duty depends on the defendant’s personal liability for that duty. From 1…

A sentencing judge must not punish an offender for separate criminal conduct that has neither been admitted nor resulted in a conviction. That protection also…

In a murder trial, expert evidence that leaves open alternative mechanisms of death does not prevent a jury from being sure of the prosecution case. The jury…

For an inward surrender from a category 1 territory, Extradition Act 2003 section 146 preserves the rule of specialty. Section 146(3)(b) does not permit…

Leave to cross-examine a complainant about earlier sexual behaviour under section 41(3)(c) depends on a sufficiently specific and non-coincidental similarity…

A sentencing court must fix a custodial term that is commensurate with the seriousness of the current offence or associated offences. It must not inflate that…

A statement made by one participant in a criminal joint enterprise in furtherance of that enterprise is admissible against another participant at common law.…

Dangerousness under section 225 of the Criminal Justice Act 2003 does not by itself permit imprisonment for public protection. Following the 2008 amendments…

Under Criminal Justice Act 2003, later bad-character evidence may be admissible to establish propensity where its content is sufficiently specific and…

In sentencing for causing death by dangerous driving, the offence may properly fall within the most serious guideline level where substantial alcohol…

Where sentencing guidelines address a single offence, a sentencing judge may properly select a higher notional starting point to reflect multiple serious…

For attendance at terrorist training, Terrorism Act 2006 section 8 does not import the provider’s knowledge requirement from section 6(1)(b). The offence is…

When deciding whether to activate a suspended sentence, the court must give practical effect to credit for time already spent in custody. Where that credit…

In a criminal jury trial, a summing-up must identify significant conflicts or discrepancies in the evidence and explain their logical consequences where they…

In a sentence appeal, the court may assess culpability from the admitted facts and the prosecution opening. The Crown’s decision not to pursue a conspiracy…

Under section 35(1)(b) of the Criminal Justice and Public Order Act 1994, the question whether it is undesirable for an accused to give evidence is a broad…

When deciding whether a young offender is dangerous enough to justify an indeterminate public-protection sentence, the court must assess the statutory risk in…

When considering an indeterminate public-protection sentence for a young offender, the court must assess the risk of serious harm in the light of youth…

The phrase “concerned in the supplying” in section 4(3)(b) of the Misuse of Drugs Act 1971 bears its ordinary, broad meaning. A person who introduces a…

Sentencing for possession of a shortened shotgun requires an assessment of the Avis factors. These include the nature and condition of the weapon, the presence…

Use of a false passport solely to obtain employment or a bank account is less serious than use of such a document to evade controls on entry to the United…

HIV-positive status, reduced life expectancy and serious illness do not ordinarily require a reduced custodial sentence. Nor does difficulty in treating…

Comparable sentencing decisions provide a broad guide only. They do not create a tariff that displaces the sentencing court’s assessment of the particular…

A confiscation order reduced to a nil amount under section 17(4) of the Drug Trafficking Act 1994 may later be increased under section 16 when realisable…

When sentencing a young offender to detention and training, the court must assess the overall totality of consecutive terms. A custodial sentence may be…

A renewed application for leave to appeal must be supported by properly arguable grounds. Where it is plainly without merit, particularly after clear warnings…

A delay in serving a trial schedule will not render a conviction unsafe where the underlying material was already available to the defence and the delay caused…

A defendant should not be visibly restrained before a jury unless there is sufficient reason, ordinarily a real risk of violence or escape. Even where a…

A finding that an offender is dangerous did not, under the Criminal Justice Act 2003 as amended, automatically require imprisonment for public protection. An…

An extended sentence for robbery may be justified where the offender presents a significant risk of causing serious harm through further specified offences.…

A conviction for breach of the duty concerning waste must rest on evidence from which a jury can properly find a failure to take reasonable measures in the…

Where a sentencing court wrongly imposed an extended sentence when a mandatory indeterminate sentence was required, section 11(3) of the Criminal Appeal Act…

A co-accused’s police interview may be admitted under section 76A of the Police and Criminal Evidence Act 1984 where it is relevant to another defendant’s…

Where exceptional circumstances permit a sentence below the statutory minimum for possessing a prohibited firearm, the sentencing court must still impose a…

For an offence under section 18 of the Offences Against the Person Act 1861, an intention merely to wound is insufficient. The prosecution must prove an…

When fixing a murder minimum term, the court must take account of the factors in paragraph 10 of Schedule 21 to the Criminal Justice Act 2003, but must not…

Under section 240 of the Criminal Justice Act 2003, credit for time spent on remand is the ordinary requirement. A court should refuse credit under section…

Where an offender is recalled for breach of licence and the court cannot make a new determinate sentence consecutive to the recalled term, it may impose a…

Where employment is obtained by a false representation that the employee is entitled to work in the United Kingdom, the representation may continue throughout…

For reckless arson endangering life, sentence must reflect the serious potential consequences of the fire, but also the offender’s actual risk, the extent of…

When fixing a term of imprisonment in default under section 139 of the Powers of Criminal Courts (Sentencing) Act 2000, the court has a discretion within the…

A confiscation order remains mandatory under Proceeds of Crime Act 2002 unless section 6(6) applies. That exception requires victim proceedings, or intended…

Where a Crown Court directs the prosecution to provide statements of information within a specified period, it may thereby begin confiscation proceedings…

Under Criminal Justice Act 2003, a simple denial of an allegation does not create a false impression. However, an accused who goes further and presents himself…

A true and fair account of the underlying criminality may properly be admitted where its omission would mislead the jury and the evidence is material to an…

Where the prosecution depends on the evidence of a very young child, the case must be brought to trial with particular expedition. A substantial delay may make…

Where previous convictions are admitted as bad-character evidence to show propensity, the jury should be told simply why they may bear on a tendency to commit…

In sentencing for assault occasioning actual bodily harm, the seriousness of the injuries is not the sole measure of culpability. A sustained assault involving…

Substantial discrepancies between a witness’s initial description and an accused’s appearance do not inevitably require an identification case to be withdrawn…

A single, historic incident may be admissible as evidence of a defendant’s propensity under section 101(1)(d) of the Criminal Justice Act 2003 where its…

In sentencing for causing death by dangerous driving, a prolonged course of aggressive and highly dangerous driving while over the alcohol limit may properly…

Sentencing for a firearm offence requires an assessment of the weapon, its use, the offender’s intention, and the offender’s record. A genuine loaded firearm…

Where detention under section 91 is required for a child because the offending is too serious for the maximum detention and training order, the length of…

Sentencing guidelines should not be applied where their underlying premise does not match the offending before the court. Guidelines directed to sexual…

In sentencing participants in a drug-supply conspiracy, the sentence must reflect each offender’s relative role, responsibility and criminal benefit. A…

Deliberate and organised graffiti vandalism of railway carriages, particularly on a substantial scale, passes the custody threshold. Custodial sentences must…

An appellate court will not interfere with a trial judge’s ruling admitting bad-character evidence where the judge has given appropriate weight to the age and…

For a repeat domestic burglar subject to the three-year minimum sentence under Powers of Criminal Courts (Sentencing) Act 2000, section 111, the minimum is not…

In sentencing aggravated burglary in a home, the court must assess the overall seriousness against relevant domestic-robbery sentencing guidance. The use of…

For a large and sophisticated importation of Class A drugs, an employee who uses specialist operational knowledge to divert and transfer the consignment has a…

In a joint enterprise, a participant avoids liability for fatal violence only by effectively and clearly disengaging before the fatal injuries are inflicted.…

A sentence for breach of a sexual offences prevention order must reflect the gravity of the particular breach, including any repetition, its effect on the…

In a sentencing appeal for robbery, the appropriate guideline starting point must reflect the offender’s criminal record and the seriousness of the particular…

For serious distraction burglaries, sentencing must reflect the current guidance for dwelling-house burglary and the individual aggravating features.…

Where a witness is available to give oral evidence, a court may properly refuse to admit that witness’s statement as hearsay under section 114(1)(d) of the…

An arrangement which began lawfully may nevertheless become a money-laundering arrangement when all elements of the offence under section 328 of the Proceeds…

A defence of necessity may be left to a jury only where there is material capable of supporting findings that an immediate or imminent threat of death or…

A sentencing court should impose the sentence warranted by the offence and should not reduce an otherwise proper sentence merely to shorten the statutory…

An out-of-court statement is not hearsay when tendered to prove that it was communicated to the defendant and thereby may have affected the defendant’s state…

In assessing sentence for sexual assault on a child, aggravating features such as abuse of trust and grooming must be balanced against material mitigation.…

Police officers shown CCTV images for the purposes of recognition and tracing are not, at that initial stage, witnesses whose identification evidence is…

Under section 114(1)(d) of the Criminal Justice Act 2003, hearsay is not a broad alternative route around the statutory conditions for an unavailable witness…

Under section 119 of the Criminal Justice Act 2003, a witness’s previous inconsistent statement is evidence of the matters stated, provided that the statutory…

A sentence is unduly lenient where it fails to reflect the exceptional gravity of a sustained and merciless sexual attack, including deliberate humiliation…

Large-scale and sophisticated commercial trafficking in counterfeit medicines, carried out for substantial profit, merits substantial immediate custody. A…

Where confiscation is confined to a particular offence, the prosecution must prove the benefit obtained from that offence. Suspicious or unexplained financial…

When fixing the minimum term for an indeterminate sentence of imprisonment for public protection, the court must assess the determinate sentence that would…

For an offence of possession in the course of a business under section 92(1)(c) of the Trade Marks Act 1994, knowledge that goods are stored in a shared home…

Where a suspended sentence order is breached by a further offence, the extent of the offender’s compliance with its community requirements remains material to…

On a reference alleging undue leniency, the court must assess the sentence as a whole. Sentencing should not be approached by treating aggravating and…

In sentencing for manslaughter where a single blow causes death, the court must assess the seriousness of the violence intended while recognising that its…

For confiscation, the court must identify the benefit actually obtained by the individual defendant. Physical receipt or custody of criminal property…

Domestic burglary is an offence against the person as well as against property. Sentencing must reflect the fear, distress and potentially serious consequences…

When a judge determines that fairness requires a defendant with old, spent or unrelated convictions to be treated as of good character, the jury must receive…

In sentencing for serious sexual offences against a child, the court must assess culpability by reference to the adult offender’s responsibility and the…

Under section 114(1)(d) of the Criminal Justice Act 2003, a capable witness's unexplained refusal to testify will normally weigh strongly against admitting…

Domestic Violence, Crime and Victims Act 2004, section 5, creates liability for a household member with frequent contact with a vulnerable victim who fails to…

Where an accused attacks a prosecution witness’s character, previous convictions may properly be admitted under section 101(1)(g) of the Criminal Justice Act…

Sentencing for domestic burglary must begin with recognition that the offence violates both property and the occupier’s security in the home. The sentence must…

In sentencing an elderly and unwell offender, the court must give weight to the risk that imprisonment may cause serious illness, prevent a return home, or…

A conviction is unsafe where a fair-minded and well-informed observer would identify a real possibility that a juror or jury was affected by damaging…

A finding of dangerousness may rest on a significant risk of serious psychological injury, even where the offender has not physically assaulted a victim. The…

Where an indictment spans the commencement of two statutory regimes and the evidence does not enable the jury to determine which regime governed the alleged…

For a direction under section 34 of the Criminal Justice and Public Order Act 1994, the decisive question is whether the defendant could reasonably have been…

Evidence of the fact and timing of a complainant’s disclosure may be admitted under Criminal Justice Act 2003, section 114, where it forms part of the…

Open justice is the starting point in criminal proceedings. A court may depart from it only to the minimum extent strictly necessary to protect the…