Bulletins
November 2010 BulletinCoomber Rich update. General November 2010 bulletin...Read More >
Lifestyle Evidence
It goes without saying that “lifestyle evidence” can be very damaging. There is always a fear that what the prosecution is asking the jury to conclude is that “bling equals crime.”...Read More >
Criminal Conduct Not Charged Can Be Taken Into Account In Sentencing Where It Has Been Relevant To Another Charge And Scrutinised At Trial
The appellant (K) appealed against a sentence imposed following his conviction of doing an act tending or intended to pervert the course of justice...Read More >
Theft From The Person: Meaning Of Vulnerable Victim For The Purposes Of The Sentencing Guideline
The appellant (D), who had pleaded guilty to theft, appealed against his sentence of 18 months' imprisonment. D had stolen a purse from the shoulder bag of the victim (H) when she was on a train...Read More >
Plea To Indictment That Had Never Been Properly Amended Is A Nullity
The appellant (L) appealed against his conviction (after a guilty plea) for causing death by careless driving when unfit through drink, contrary to the Road Traffic Act 1988...Read More >
Affirmation Of Law On A Second Re-Trial
This was an appeal against conviction for murder following jury disagreements at two earlier trials and the dismissal of an application that the third trial should be stayed as an abuse of process...Read More >
The Burden Of Proof Is On The Prosecution To Disprove Reasonable Excuse In Asbo Trials
The appellant (C) successfully appealed against a conviction for breaching an antisocial behaviour order because at trial the judge held that for the purposes of s.1(10), the legal burden was on C to show that he had a reasonable excuse...Read More >
Admission Of Hearsay Evidenceed V Regina [2010] Ewca Crim 1213
This appeal against conviction dealt with the question of whether it is in the interests of justice, within the meaning of Section 114(1)(d) of the Criminal Justice Act 2003, to admit in evidence the hearsay statement of a reluctant but available witness...Read More >
Cross Examination And Bad Character V Jonathan William Miller [2010] Ewca Crim 1153
Questions put in cross examination with a view to implicating a witness in denied bad behaviour would be permitted infrequently and be limited in scope...Read More >
Cris Reports As Evidence Of A Non-Defendant’s Bad Characterstephen Braithwaite V The Queen [2010] EWCA Crim 1082
Mr Braithwaite was convicted of murder at Snaresbrook Crown Court, the issue at trial having been self-defence. It was disputed that the defendant was the aggressor in the incident which led to a fatal stab wound...Read More >