Weekly Digest: 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...
Gross negligence manslaughter – an offence in flux
After a period of relative stability following the seminal judgment of the House of Lords in Adomako [1995] AC 171, gross negligence manslaughter has been considered by the Court of...
No smoke without fire: revisiting the Crown exemption rule
When is the Crown bound by a statute that does not expressly refer to it? This was the question that arose for consideration by the Supreme Court in R (on...
Failing to prevent the facilitation of tax evasion: note on Government’s guidance
The Criminal Finances Act 2017 introduced two new offences (the first relating to the UK and the other to a foreign jurisdiction), each committed where a relevant body (those most...
Disclosure: time to cut the Gordian knot?
Non-disclosure in criminal proceedings has long been recognised as a “potent source of injustice” (per Glidewell J in R v Ward [1993] 1 WLR 619, the successful appeal against convictions...
Money-laundering: a possible loophole for property derived from ‘registration offences’?
The US special investigation into ‘Russian influence’ in the 2016 US Presidential election alleges that Paul Manafort acted as a “foreign agent” and that he laundered the proceeds of that...
Righting another ‘wrong turn’? Dishonesty in Ivey v Genting: Part II
In this second of two posts (the first can be found here), the criticism of the Ghosh test is considered, together with a brief outline of the concept of dishonesty...
Righting another ‘wrong turn’? Dishonesty in Ivey v Genting: Part I
This blog has previously featured a summary of the landmark judgment in Ivey v Genting Casinos (UK) Ltd [2017] UKSC 67 and a post examining the dishonesty test now to be applied in criminal...
Dwell not: DPP v Distill [2017] EWHC 2244 (Admin)
The concept of a “dwelling” has some significance in the criminal law. A burglar who commits their crime in a dwelling is sentenced more harshly than if they were to...
How now to spot dishonesty
What place a defendant’s state of mind following the Supreme Court decision in Ivey v Genting [2017] UKSC 67? (more…)