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3077 results for England and Wales Court of Appeal > Criminal Division

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  • Ahmed, R, v, Court of Appeal - Criminal Division, April 17, 2018, [2018] EWCA Crim 739

    2. On 25 November 2015 in the Crown Court sitting at Sheffield the Applicant was convicted of the murder of Jordan Thomas and of the attempted murder of Neshaun Ferguson. He was sentenced to life imprisonment with a minimum term of 36 years on count one and to 10 years imprisonment concurrent on count two. 3. Mr Joel Bennathan QC who did not appear...

  • Rana, R v, Court of Appeal - Criminal Division, April 11, 2018, [2018] EWCA Crim 725

    1. On 4 September 2015 in the Crown Court at Shrewsbury the applicant was convicted of arson, being reckless as to whether life was endangered (count 1), and doing an act tending to pervert the course of justice (count 2). She was sentenced to six years' imprisonment on Count 1 by Mr Recorder Mills, with a concurrent sentence of four months' on Cou...

  • MK v R, Court of Appeal - Criminal Division, March 28, 2018, [2018] EWCA Crim 667

    1. The common issue raised in both these otherwise unrelated appeals is whether the legal (or persuasive) burden of proof rests on the defendant when a defence is raised under section 45 of the Modern Slavery Act 2015 (``the 2015 Act''), or whether the defendant bears only an evidential burden with the prosecution having to disprove to the criminal...

  • Hayes, R v, Court of Appeal - Criminal Division, March 28, 2018, [2018] EWCA Crim 682

    1. This appeal involves an issue of some importance for confiscation proceedings. It arises in the context of the tainted gifts provisions of the Proceeds of Crime Act 2002 (``the 2002 Act'') in general and in the context of the application and effect of s. 77 and s. 78 of that Act in particular. The issue can perhaps be, formulated in this abbrev...

  • Mohammed v R, Court of Appeal - Criminal Division, March 28, 2018, [2018] EWCA Crim 675

    1. On 16 January 2017, following a trial in the Crown Court at Liverpool before His Honour Judge Goldstone QC, the Recorder of Liverpool and a jury, the applicant was convicted by a majority of 10 to 2 of a single count of rape. He now applies for leave to appeal against conviction based on fresh evidence. The provisions of the Sexual Offences (Am...

  • Thompson v R, Court of Appeal - Criminal Division, March 27, 2018, [2018] EWCA Crim 639

    1. These four otherwise unconnected appeals have been listed together as each potentially raises an issue in relation to the effect of s. 11(3) of the Criminal Appeal Act 1968 (``the 1968 Act'') which requires this court, on an appeal against sentence, to exercise its powers such that ``taking the case as a whole, the appellant is not more severely...

  • Cuni & Ors v R, Court of Appeal - Criminal Division, March 27, 2018, [2018] EWCA Crim 600

    1. Mr Recorder Sallon QC (`the Recorder') sentenced all these appellants on 7 April 2017 in the Crown Court sitting at Blackfriars. They all appeal with leave of the Single Judge. Three, Cuni, Byberi and Cera, pleaded guilty, and were given full credit for those pleas. The other three appellants, Gonzalez, Abazi, and Elezi, were convicted after

  • Edwards, R v, Court of Appeal - Criminal Division, March 27, 2018, [2018] EWCA Crim 595

    2. These four cases are listed before the court to consider issues arising from the sentencing of mentally ill offenders to indeterminate terms of imprisonment. In the cases of Edwards, Knapper, and Payne, terms of life imprisonment and a minimum term were imposed, as well as a Hospital and Limitation Direction Order under s.45A of the Mental Heal...

  • Sami v R, Court of Appeal - Criminal Division, March 23, 2018, [2018] EWCA 552 Crim

    1. On 10 March 2015 after a trial in the Crown Court at Luton the appellant was convicted of Conspiracy to Contravene section 170 of the Customs and Excise Management Act 1979 (importation of diamorphine) and Conspiracy to Supply a Controlled Drug of class A (diamorphine). He was sentenced to 19 years' imprisonment concurrent on each count. 2. Th...

  • Stromberg v R, Court of Appeal - Criminal Division, March 22, 2018, [2018] EWCA Crim 561

    1. This case raises questions concerning the scope, availability and procedure surrounding the issue of a writ of venire de novo. The issue we have to resolve is whether an application for a writ or order of venire do novo must be made in the course of application for leave to appeal against conviction (and then the subsequent appeal) brought under...

  • BM, R v, Court of Appeal - Criminal Division, March 22, 2018, [2018] EWCA Crim 560

    1. The appellant is by trade a tattooist and body piercer who added ``body modification'' to his services. He operates from premises in Wolverhampton. He is due to stand trial in the Crown Court at Wolverhampton on an indictment charging three counts of wounding with intent to do grievous bodily harm contrary to Section 18 of the Offences Against...

  • El Gazzaz v The Secretary of State for the Home Department, Court of Appeal - Criminal Division, March 21, 2018, [2018] EWCA Civ 532

    1. This is an appeal in an immigration case concerning the proposed deportation of the appellant, a national of Egypt, who falls within the definition of a foreign criminal for the purposes of the immigration regime. The appellant appeals to this court against the decision of the Upper Tribunal promulgated on 10 March 2015 by which it dismissed his...

  • Ali, R v, Court of Appeal - Criminal Division, March 20, 2018, [2018] EWCA Crim 547

    1. This matter comes before the court as an appeal against conviction and an application relating to sentence. The appellant was convicted on 15 December 2016 at Birmingham Crown Court of six offences. Count 1 involved engaging in the preparation of terrorist acts contrary to s.5 of the Terrorism Act 2006. Counts 2-4 related to dissemination of

  • Hulland, R, Court of Appeal - Criminal Division, March 20, 2018, [2018] EWCA Crim 691

    Computer Aided Transcript of the Stenograph Notes of WordWave International Ltd trading as DTI, 165 Street London EC4A 2DY, Tel No: 020 7404 1400 Fax No: 020 7831 8838 (Official Shorthand Writers to the Court) - - - - - - - - - - - - - - - - Mr C Myrie appeared on behalf of the Appellant Mr W Hays appeared on behalf of the Crown - - - - - - -

  • Miah, R v, Court of Appeal - Criminal Division, March 16, 2018, [2018] EWCA Crim 563

    Computer Aided Transcript of the Stenograph Notes of WordWave International Ltd trading as DTI, 165 Street London EC4A 2DY, Tel No: 020 7404 1400 Fax No: 020 7831 8838 (Official Shorthand Writers to the Court) - - - - - - - - - - - - - - Mr M Hunsley appeared on behalf of the Applicant Mr A Hook appeared on behalf of the Crown - - - - - - - - -...

  • Box, R v, Court of Appeal - Criminal Division, March 15, 2018, [2018] EWCA Crim 542

    1. This is an application by the prosecution for leave to appeal against a confiscation order made under the Proceeds of Crime Act 2002 ("the 2002 Act"). We grant leave. The nature of the appeal requires consideration of the tainted gifts regime created by the 2002 Act. 2. There is no appeal against the sentence which was imposed on 24th Ma...

  • Ikram, R v, Court of Appeal - Criminal Division, March 14, 2018, [2018] EWCA Crim 440

    1. This is an application in relation to a terminating ruling brought by a prosecuting authority in respect of a case tried at Leeds Crown Court. The indictment contained a single count of misconduct in public office. The application has been referred to the Full Court by the Registrar. The particulars of the offence alleged that the respondent,

  • Smith, R v, Court of Appeal - Criminal Division, March 14, 2018, [2018] EWCA Crim 528

    1. This is an appeal against sentence brought with leave of the single judge. The appellant was convicted of possession of an explosive substance, contrary to section 3(1)(b) of the Explosive Substances Act 1883 after a trial at the Central Criminal Court. On 26th May 2017 he was sentenced to an extended sentence of 20 years' detention in a young...

  • Cook, R v, Court of Appeal - Criminal Division, March 14, 2018, [2018] EWCA Crim 530

    1. This is an appeal against sentence brought by leave of the single judge. The offender was sentenced on 30th March 2017 at Lincoln Crown Court having previously tendered early guilty pleas. There are five counts on the indictment. Count 1 alleged attempting to cause or to incite a child to engage in sexual activity for which a sentence of thre...

  • Mamaliga, R v, Court of Appeal - Criminal Division, March 13, 2018, [2018] EWCA Crim 515

    If this transcript is to be reported or published, there is a requirement to ensure that no reporting restriction will be breached. This is particularly important in relation to any case involving a sexual offence, where the victim is guaranteed lifetime anonymity (Sexual Offences (Amendment) Act 1992), or where an order has been made in relation

  • Reid, R v, Court of Appeal - Criminal Division, March 13, 2018, [2018] EWCA Crim 628

    1. On 7 April 2016 in Southwark Crown Court the appellant, now 47, was convicted of five counts of obtaining a money transfer by deception contrary to section 15A of the Theft Act 1968, one count of attempting to obtain a money transfer by deception, and one count of fraud contrary to section 1 of the Fraud Act 2006. He was sentenced on 25 April 2...

  • Pabon, R v, Court of Appeal - Criminal Division, March 13, 2018, [2018] EWCA Crim 420

    2. Procedural history: Two considerations loom large in these proceedings. First, the duty of an expert to the Court, in particular to stay within the area of his expertise. Secondly, the sole test for this Court when deciding whether to allow or dismiss an appeal against conviction: namely, whether that conviction is unsafe. 3. The Appellant, A...

  • Attorney General v Pollard & Anor, Court of Appeal - Criminal Division, March 13, 2018, [2018] EWCA Crim 439

    1. This case was an application by the Solicitor General, under the Criminal Justice Act 1988 s.36, for leave to refer to this court sentences passed on two offenders which he submitted were unduly lenient. We heard the application on 22 February 2018. At the conclusion of the hearing, we granted leave to bring the application and announced our dec...

  • Davies v R, Court of Appeal - Criminal Division, March 01, 2018, [2018] EWCA Crim 327

    1. On 13 October 2015, in the Crown Court at Mold before HHJ Curran QC the appellant was convicted, by a majority of 10 to 2, on a single count of robbery and sentenced to 12 years 9 months imprisonment. 2. He appeals against conviction by leave of the full court. 3. He also seeks leave to call fresh evidence pursuant to section 23 of the Criminal

  • Terry, R v, Court of Appeal - Criminal Division, March 01, 2018, [2018] EWCA Crim 416

    Computer Aided Transcript of the Stenograph Notes of WordWave International Ltd trading as DTI, 165 Fleet Street London EC4A 2DY, Tel No: 020 7404 1400 Fax No: 020 7831 8838 (Official Shorthand Writers to the Court) - - - - - - - - - - - - - - - - - - Non-Counsel Application - - - - - - - - - - - - - - - - - - J U D G M E N TThis transcript is

  • Coles, R v, Court of Appeal - Criminal Division, February 22, 2018, [2018] EWCA Crim 407

    Computer Aided Transcript of the Stenograph Notes of WordWave International Ltd trading as DTI, 165 Fleet Street London EC4A 2DY, Tel No: 020 7404 1400 Fax No: 020 7831 8838 (Official Shorthand Writers to the Court) - - - - - - - - - - - - - - - Ms E Leonard appeared on behalf of the Applicant Mr A R Scott appeared on behalf of the Crown - - - -...

  • Gwilym, R, Court of Appeal - Criminal Division, February 22, 2018, [2018] EWCA Crim 377

    Computer Aided Transcript of the Stenograph Notes of WordWave International Ltd trading as DTI, 165 Street London EC4A 2DY, Tel No: 020 7404 1400 Fax No: 020 7831 8838 (Official Shorthand Writers to the Court) - - - - - - - - - - - - - - - - Mr G Mohabir appeared on behalf of the Appellant - - - - - - - - - - - - - - - - J U D G M E N T (Approved)...

  • Ali & Ors, R v, Court of Appeal - Criminal Division, February 21, 2018, [2018] EWCA Crim 405

    Computer Aided Transcript of the Stenograph Notes of WordWave International Ltd trading as DTI, 165 Street London EC4A 2DY, Tel No: 020 7404 1400 Fax No: 020 7831 8838 (Official Shorthand Writers to the Court) - - - - - - - - - - - - - - - Mr J Holland appeared on behalf of Ali Miss S Ellis appeared on behalf of Gaffar Mr J Reilly (SA) appeared on...

  • Hopkins, R v, Court of Appeal - Criminal Division, February 20, 2018, [2018] EWCA Crim 353

    1. On 10th November 2017 in the Crown Court at Wood Green the appellant pleaded guilty to an offence of sexual activity with a child, contrary to section 9(1) of the Sexual Offences Act 2003 (count 2). On the same day he was sentenced by His Honour Judge Dodd QC to two years and three months' detention. The appellant accepted that the offence pu...

  • Howell, R v, Court of Appeal - Criminal Division, February 16, 2018, [2018] EWCA Crim 328

    1. This is an application brought on behalf of the Solicitor General under section 36 of the Criminal Justice Act 1988 for leave to refer to the court a sentence on the ground that it is unduly lenient. We grant leave. 2. The offender is Anthony Howell. He is now aged 32, having been born on 31st October 1985. On 28th November 2017, followin...

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