26th Sep 2024Newsletters
The appellant was convicted after trial of assisting a non-UK person to mutilate overseas a girl’s genitalia whilst outside the United Kingdom. She was sentenced to seven years’ imprisonment, which was the subject of this appeal. Prosecutions under the Female Genital Mutilation Act 2003 are rare. This was the first case brought under section 3 […]
26th Sep 2024Newsletters
On 15th June 2023, the Appellant was sentenced to the statutory minimum sentence of 5 years’ imprisonment following her guilty plea to possession of a prohibited firearm. Following routine testing during her admission to prison, she learned that she was pregnant. It was not submitted that pregnancy alone would amount to exceptional circumstances. Rather, it […]
24th Sep 2024Newsletters
The Court of Appeal has clarified the correct approach to trial management and the (mis)application of abuse of process principles when prosecution counsel does not attend at trial. Those practising regularly in the Crown Courts are all too aware of the consequences of years of under investment and the impact that the crisis in funding […]
17th Sep 2024Newsletters
Res gestae is most often used in summary cases involving domestic allegations where the complainant withdraws their support for the prosecution. In such circumstances, if a contemporaneous account of the allegation has been provided by the complainant, the prosecution can apply to admit it as “res gestae” evidence. The case of DPP v Joseph Barton […]
12th Sep 2024Newsletters
Ronan Hughes pleaded guilty to 39 offences of manslaughter and one offence of conspiring to assist unlawful immigration. xIn confiscation proceedings the Judge made a determination, pursuant to section 10A POCA 2002, of the extent of the appellant’s interest in the property where he lived with his wife and children.[1] The focus of the appeal […]
