July 30th, 2010
Richard Dawson defended John Christie at Liverpool Crown Court (HHJ Clifton). Christie was charged with causing death by careless driving. The deceased was an 83 year old lady, Mrs Jean Kirby. Mr Christie was triumphantly acquitted on 28 July by the unanimous verdict of the jury. Read more
July 19th, 2010
R v. Magro and Others – On the 8 July 2010 the Court of Appeal, of a five judge constitution, delivered a judgement implicitly disagreeing with the reasoning and the decision of a three judge constitution in R v. Clarke [2009] EWCA Crim 1074. However, in deference to the doctrine of precedence, the Court declared itself bound by the decision in Clarke, leaving it to the Supreme Court to consider if Clarke was wrongly decided.
The Court of Appeal’s reasoning in Magro clearly suggested that a confiscation order under the Proceeds of Crime Act 2002 may be made at the time of making an order of Conditional or Absolute Discharge.
July 5th, 2010
On 2 July 2010 Mohammed Khalil successfully appealed the sentence of Imprisonment for Public Protection passed upon him by the Crown Court sitting at Bolton for offences of Causing Grievous Bodily Harm with Intent and Possession of a Firearm with Intent. The Court of Appeal substituted a sentence of 9 ½ years imprisonment with an extension of licence for 3 years. He was represented by Ahmed Nadim.
The Court of Appeal re-affirmed its decision in Attorney General’s Reference No.55 of 2008 by confirming the discretionary nature of sentence of Imprisonment for Public Protection. It was described as, apart from life imprisonment, the most draconian sentence available to a court and as such it is sentence of last, but one resort.
July 2nd, 2010
A Bolton man who was part of an internet child pornography ring has pleaded guilty to offences of rape, sexual assault and making indecent photographs, at Liverpool Crown Court. Benjamin Myers, defending, applied for sentence to be adjourned for the preparation of reports. Read more
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