Weekly Digest: 12 February 2018

6KBW

6KBW
12 February 2018

In this week’s Digest, we examine two recent Court of Appeal (Criminal Division) judgments. In the first, the Court of Appeal confirmed the scope of the availability of a writ of venire de novo. The second was an appeal under s. 31 under the Proceeds of Crime Act 2002, seeking reconsideration of the amount available under a compensation order.

R v. Bahbahani [2018] EWCA 95 (Crim)

The judgment, available here, was handed down by Lord Burnett of Maldon CJ on 05.02.18.

This was an application for leave to appeal against conviction and sentence. The applicant sought a writ of venire de novo in respect of a conviction in the Magistrates’ Court and contended the sentencing proceedings in the Crown Court were a nullity as they were an abuse of process. Leave was refused. A writ of venire de novo was not available in respect of summary proceedings in the Magistrates’ Court. Further, there was no abuse of process and the recorder had not erred in his application of the correct principles, under s. 10 of the Proceeds of Crime Act 2002, in the calculation of the benefit derived from the applicant’s criminal activity.

 

R v. Mundy [2018] EWCA 105 (Crim)

The judgment, available here, was handed down by Lord Justice Simon on 23.01.18.

This was the Crown’s appeal, under s. 31(1) of the Proceeds of Crime Act 2002 against a refusal of an application pursuant to s. 22 of the same act for reconsideration of the amount available under a compensation order. The appeal was dismissed; the course taken by the judge was properly open to him on the facts, even if his reasoning in reaching that conclusion could have been fuller.

 

R v. Jon Venables, Mr Justice Edis, Central Criminal Court, 7 February 2018

The full remarks are available here.

 

R v. Glen Gibbons, Mr Justice Bryan, Manchester Crown Court, 7 February 2018

The full remarks are available here.

 

Police wrongly pursued retired fire chief rather than investigate claim against fantasist

 

British group living in EU obtain preliminary reference

 

Self-harm amongst prisoners increases as prison healthcare funding is cut

 

Father to appeal against ruling allowing hospital to end son’s life support

 

 

 

 

 

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