criminal OFFENCES, sentencing & concepts

CRIMINAL SOLICITORS ON CRIMINAL OFFENCES ALPHABETICALLY

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CRIMINAL SOLICITORS ON SENTENCING IN CRIMINAL CASES

Criminal Solicitors London, providing the latest news and resources on Criminal Sentencing here

CRIMINAL SOLICITORS ON BAIL, CONDITIONAL BAIL & REMANDS

 Criminal Solicitors London, providing the latest news and resources on Bail, bail applications and remands in Criminal proceedings here.  

CRIMINAL SOLICITORS ON DEFENCES TO CRIMINAL CASES

 Criminal Solicitors London, providing the latest information on defences to criminal prosecutions

CRIMINAL SOLICITORS ON MITIGATION AND CREDIT FOR GUILTY PLEAS

 Criminal Solicitors London, providing the latest information on mitigation and credit for guilty pleas.

CRIMINAL SOLICITORS ADVICE ON CONCEPTS IN CRIMINAL CASES

There are many concepts in Criminal law and Criminal Defence.  Browse here

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Dangerous Dogs

Criminal solicitors advise on Law, procedure & cases in relation to Dangerous Dogs 

Dangerous Driving

 Criminal solicitors advise on Law, procedure & cases in relation to  Dangerous Driving 

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criminal solicitors on sentencing

criminal solicitors london vijesh saujani specialist criminal solicitor

Extended Sentences - What is an extended sentence ? What are the implications ?

Criminal Solicitors advise on extended sentences.  Extended sentence is where the license element of a sentence is extended. In “normal” circumstances..........read on

Possession of Indecent Images - Sexual gratification / Classification SGC

Criminal solicitors in London and nationwide, should be aware of the case of Dino Massivi & Jennifer Hodge [2020] EWCA Crim 34.


The absence of sexual gratification or sexual interest in the content of the images, is not a basis for treating a distribution of indecent images offence to a possession of indecent images.

Threats to Kill - Category 1 - Domestic Violence

Criminal solicitors in London and nationwide, should be aware threats to kill is a specified offence for the purposes of section 226A (extended sentence for certain violent or sexual offences) of the Criminal Justice Act 2003.


All good Criminal Solicitors  should be aware of the case of K Ritson [2020] EWCA Crim 152 on threats to kill.   The Sentencing Council provides guidance on the categories of cases for sentencing purposes, for allegations of threats to kill.  Those Sentencing Council Guidelines (SCG) can be found here.


The Sentencing Council Guidelines state that one of the elements that can make this is a case with higher culpability is where the threats is accompanied with "significant violence".  


In the case of Ritson, it was held that it was open to the sentencing Judge to determine that acts of violence the day before the threat was close in time to satisfy the higher culpability.


bail and remands in criminal proceedings

vijesh saujani specialist bail solicitor london criminal defence solicitor london

Conditional Bail and Remands in Criminal Proceedings

concepts in crime and criminal law

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Dishonesty

Good criminal solicitors will be aware that the concept of Dishonesty is one of the central foundations of many offences in English Law. 


For over 30 years the approach to the concept of dishonesty was determined by the guidance in  R v Ghosh [1982] QB 1053 .  In 2017, in the case of  Ivey v Genting Casinos (UK) (trading as Cockfords Club) [2017] UKSC 67, the Supreme Court gave the opinion that Ghosh may have been wrong and why and that in future the courts should adopt the approach taken in Ivey. In the appeal case of  David Barton & Rosemary Booth [2020] EWCA Crim 576, the Court of Appeal confirmed the position in a binding judgement that the position in Ivey was the correct approach.


In Ghosh, the test for determining dishonesty was stated to be:


“...  a jury must first of all decide whether according to the ordinary standards of reasonable and honest people what was done was dishonest.  If it was not dishonest by those standards that is the end of the matter and the prosecution fails.
If it was dishonest by those standards then the jury must consider whether the defendant himself must have realised that what he was doing was by those standards dishonest.  …”
This can be summarised as a two-fold test:

  1. was the defendant’s conduct dishonest by the ordinary standards of reasonable people? and if so
  2. did the defendant appreciate that his conduct was dishonest by those standards?  


The Court of Appeal rejected this in Ivey and proposed an alternative two-stage test:

  1. what was the defendant’s actual state of knowledge or belief as to the facts; and 
  2. was his conduct dishonest by the standards of ordinary decent people? 

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Criminal solicitors advice on joint enterprise

Joint Enterprise

Come back soon for information on Joint Enterprise