Training & Knowledge: Criminal Defence

2nd Nov 2020Newsletters

COVID-19 & Custody Time Limits: An Update

The refusal of HHJ Raynor at Woolwich Crown Court to extend the custody time limit in two unrelated cases has been widely reported. An application to extend the custody time limit in a third case was heard by Mrs Justice Whipple, although HHJ Raynor had previously had conduct of the case. The first three defendants […]

2nd Nov 2020Newsletters

Recent Proceeds of Crime Developments

R v Bajaj [2020] EWCA Crim 1111 – Assessment of Benefit In Bajaj the Court of Appeal considered the assessment of benefit where criminal proceeds came from an illegally rented property, and offered a stark warning about the need to consider confiscation proceedings at the point of charge. Crown Court confiscation proceedings Mr Bajaj was […]

2nd Nov 2020Newsletters

R v Broughton Clarifying Causation in Gross Negligence Manslaughter

SUMMARY In 2017 a 24-year-old woman, Louella Fletcher Michie, died at the Bestival Music Festival, having taken 2-CP, a Class A drug, supplied by her boyfriend, the appellant. The Prosecution’s case was that having supplied the drug and remained with her, the appellant owed Louella a duty of care to secure medical assistance as her […]

2nd Nov 2020Newsletters

Vigilante justice: is evidence obtained by ‘paedophile hunter’ groups admissible in criminal proceedings?

Introduction On 15 July 2020 the Supreme Court handed down its findings in Sutherland (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland) [2020] UKSC 32. The appeal concerned the use of evidence gathered by ‘paedophile hunter’ groups in public prosecutions (ie. group members posing as underage children online to ‘trap’ paedophiles) and whether the use of […]

2nd Nov 2020Newsletters

Consent and fertility

R. v Lawrance, [2020] EWCA Crim 971 and s.74 Sexual Offences Act 2003 This judgment, handed down in July 2020, examines the limitations of the meaning of consent within s.74 Sexual Offences Act 2003. It held that a man’s lie about his fertility should not be deemed to be so closely connected to the nature […]