CRIMINAL PROCEDURE

[2018] EWCA Crim 739 [2018] EWCA Crim 739

The court upheld an offender’s convictions for murder and attempted murder following the fatal shooting of a member of a rival gang.

The court allowed Romania’s appeal against the grant of bail to a requested person who had been convicted and sentenced to seven years’ imprisonment for sexual offences against an 11-year-old girl whilst working as her dance teacher. The court was satisfied that there were substantial grounds to believe that the requested person would fail to surrender at the extradition hearing.

[2018] EWCA Crim 682 [2018] EWCA Crim 682

An ex-trader convicted of rigging LIBOR had made a tainted gift for the purposes of the Proceeds of Crime Act 2002 when a property purchased solely with his own funds had been put into the joint names of himself and his wife. The court also considered the extent to which “family services” provided by a wife and mother could constitute valuable consideration for the purposes of s.78(1).

[2018] EWCA Crim 639 [2018] EWCA Crim 639

The court determined to what extent the Criminal Appeal Act 1968 s.11(3) constrained an appellate court’s ability to replace a standard determinate sentence with a special custodial sentence for offenders of particular concern, an extended sentence, or orders under the Mental Health Act 1983. It also indicated that, in an exceptional case, the court could impose consecutive extended sentences so as to increase the potential licence period beyond the statutory maxima for the offences in question.

[2018] EWCA Crim 552 [2018] EWCA Crim 552

An appellant’s convictions for conspiracy to import and supply class A drugs were safe. Decisions taken during the trial by defence counsel to adduce evidence of the appellant’s previous convictions, to call a co-accused as a witness and not to correct an alleged omission from the defence statement were not unreasonable or outside the range of decisions open to competent counsel.