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  • Commentaries

England and Wales Case Commentaries

Extended Sentencing for Campaigns of Rape and Dangerousness Clarified: R v McNamara [2025] EWCA Crim 550

Extended Sentencing for Campaigns of Rape and Dangerousness Clarified: R v McNamara [2025] EWCA Crim 550

Date: Apr 4, 2025
Extended Sentencing for Campaigns of Rape and Dangerousness Clarified: R v McNamara [2025] EWCA Crim 550 Introduction The Court of Appeal (Criminal Division) delivered judgment on 3 April 2025 in R v...
Shingleton v R: Military Courts’ Discretion to Impose Immediate Imprisonment for Disciplinary Offences and the Standard of Manifest Excessiveness

Shingleton v R: Military Courts’ Discretion to Impose Immediate Imprisonment for Disciplinary Offences and the Standard of Manifest Excessiveness

Date: Apr 3, 2025
Shingleton v R: Military Courts’ Discretion to Impose Immediate Imprisonment for Disciplinary Offences and the Standard of Manifest Excessiveness Introduction Shingleton, R. v ([2025] EWCA Crim 557)...
Extended Determinate Sentencing of Dangerous Juvenile Manslaughter Offenders under the Sentencing Act 2020

Extended Determinate Sentencing of Dangerous Juvenile Manslaughter Offenders under the Sentencing Act 2020

Date: Apr 3, 2025
Extended Determinate Sentencing of Dangerous Juvenile Manslaughter Offenders under the Sentencing Act 2020 Introduction This commentary reviews the Court of Appeal’s decision in Haroon, R. v [2025]...
R v Carr [2025] EWCA Crim 401: Post‑offence lies as aggravation and the permissibility of ‘cusp’ starting points under the 2023 “causing or allowing a child to die” guideline

R v Carr [2025] EWCA Crim 401: Post‑offence lies as aggravation and the permissibility of ‘cusp’ starting points under the 2023 “causing or allowing a child to die” guideline

Date: Apr 3, 2025
R v Carr [2025] EWCA Crim 401: Post‑offence lies as aggravation and the permissibility of ‘cusp’ starting points under the 2023 “causing or allowing a child to die” guideline Introduction This Court...
R v Odunuga: No Obligation to Direct Manslaughter Where Evidence Precludes Lesser Intent

R v Odunuga: No Obligation to Direct Manslaughter Where Evidence Precludes Lesser Intent

Date: Apr 2, 2025
R v Odunuga: No Obligation to Direct Manslaughter Where Evidence Precludes Lesser Intent Introduction R v Odunuga ([2025] EWCA Crim 532) is a decision of the England and Wales Court of Appeal...
Clarifying Judicial Commentary in Summing-Up: Safety of Conviction in R v Butkus [2025] EWCA Crim 441

Clarifying Judicial Commentary in Summing-Up: Safety of Conviction in R v Butkus [2025] EWCA Crim 441

Date: Apr 2, 2025
Clarifying Judicial Commentary in Summing-Up: Safety of Conviction in R v Butkus [2025] EWCA Crim 441 Introduction R v Butkus ([2025] EWCA Crim 441) concerns the appeal by Mr Vidmantas Butkus, a...
Ensuring Jury Impartiality: Fleeting References and the Safety of Convictions in Miah v R

Ensuring Jury Impartiality: Fleeting References and the Safety of Convictions in Miah v R

Date: Apr 2, 2025
Ensuring Jury Impartiality: Fleeting References and the Safety of Convictions in Miah v R Introduction Miah, R. v ([2025] EWCA Crim 465) is a Court of Appeal (Criminal Division) decision handed down...
Strict Application of Fresh Evidence Criteria and Time-Extension Discretion in Criminal Appeals: R v Grace [2025] EWCA Crim 580

Strict Application of Fresh Evidence Criteria and Time-Extension Discretion in Criminal Appeals: R v Grace [2025] EWCA Crim 580

Date: Apr 2, 2025
Strict Application of Fresh Evidence Criteria and Time-Extension Discretion in Criminal Appeals Introduction R v Grace [2025] EWCA Crim 580 is a landmark Court of Appeal decision dealing with two...
McCann (R v): Discretion in Unduly Lenient Sentencing under Section 36 CJA 1988

McCann (R v): Discretion in Unduly Lenient Sentencing under Section 36 CJA 1988

Date: Apr 2, 2025
McCann (R v): Discretion in Unduly Lenient Sentencing under Section 36 CJA 1988 Introduction This appeal arises from an application by His Majesty’s Solicitor General under section 36 of the Criminal...
Clarifying Document Compliance and Time Extensions in Employment Appeals: The New Paradigm in Davies v BMW (UK) Manufacturing Ltd

Clarifying Document Compliance and Time Extensions in Employment Appeals: The New Paradigm in Davies v BMW (UK) Manufacturing Ltd

Date: Apr 1, 2025
Clarifying Document Compliance and Time Extensions in Employment Appeals: The New Paradigm in Davies v BMW (UK) Manufacturing Ltd Introduction The case of Davies v BMW (UK) Manufacturing Ltd ([2025]...
Clarifying the Limits of Exceptional Assurance: Distinguishing Regularised from Unregularised Overstaying

Clarifying the Limits of Exceptional Assurance: Distinguishing Regularised from Unregularised Overstaying

Date: Mar 31, 2025
Clarifying the Limits of Exceptional Assurance: Distinguishing Regularised from Unregularised Overstaying Introduction The case of Seerangan v Secretary of State for the Home Department ([2025] EWCA...
Declaratory Relief as a Proactive Enforcement Mechanism in Cross-Border Trademark Disputes

Declaratory Relief as a Proactive Enforcement Mechanism in Cross-Border Trademark Disputes

Date: Mar 31, 2025
Declaratory Relief as a Proactive Enforcement Mechanism in Cross-Border Trademark Disputes Introduction The case of Merck KGaA v Merck Sharp & Dohme LLC & Anor ([2025] EWCA Civ 343) represents a...
Clarifying the Limits of “Pending Appeal” in Deportation Orders

Clarifying the Limits of “Pending Appeal” in Deportation Orders

Date: Mar 31, 2025
Clarifying the Limits of “Pending Appeal” in Deportation Orders Introduction The case of Geddes, R (On the Application Of) v Secretary of State for the Home Department ([2025] EWCA Civ 353) presents...
New Precedent on Weighing Fomite Transmission vs. Sexual Abuse Evidence in Child Infection Cases

New Precedent on Weighing Fomite Transmission vs. Sexual Abuse Evidence in Child Infection Cases

Date: Mar 31, 2025
New Precedent on Weighing Fomite Transmission vs. Sexual Abuse Evidence in Child Infection Cases Introduction The present judgment, delivered on March 28, 2025, by the England and Wales Court of...
Balancing Act: Family Life, Precariousness, and Immigration Control in Arshad v Secretary of State for the Home Department ([2025] EWCA Civ 355)

Balancing Act: Family Life, Precariousness, and Immigration Control in Arshad v Secretary of State for the Home Department ([2025] EWCA Civ 355)

Date: Mar 31, 2025
Balancing Act: Family Life, Precariousness, and Immigration Control in Arshad v Secretary of State for the Home Department ([2025] EWCA Civ 355) Introduction The judgment in Arshad v Secretary of...
Multi-Strand Circumstantial Evidence and the Safety of Conviction: Almallah v R [2025] EWCA Crim 433

Multi-Strand Circumstantial Evidence and the Safety of Conviction: Almallah v R [2025] EWCA Crim 433

Date: Mar 29, 2025
Multi-Strand Circumstantial Evidence and the Safety of Conviction: Almallah v R [2025] EWCA Crim 433 Introduction Almallah v R ([2025] EWCA Crim 433) is a pivotal decision of the England and Wales...
Green v R ([2025] EWCA Crim 462): Suspension of Custodial Sentences to Prioritize Rehabilitation in Category B2 Sexual Offending

Green v R ([2025] EWCA Crim 462): Suspension of Custodial Sentences to Prioritize Rehabilitation in Category B2 Sexual Offending

Date: Mar 29, 2025
Green v R ([2025] EWCA Crim 462): Suspension of Custodial Sentences to Prioritize Rehabilitation in Category B2 Sexual Offending Introduction This case arises from the appeal by Mr Green (“the...
Balancing Deterrence and Individualised Sentencing for Youth Offenders: Clarifying the Role of Section 250 and Totality in R v Martin [2025] EWCA Crim 494

Balancing Deterrence and Individualised Sentencing for Youth Offenders: Clarifying the Role of Section 250 and Totality in R v Martin [2025] EWCA Crim 494

Date: Mar 29, 2025
Balancing Deterrence and Individualised Sentencing for Youth Offenders: Clarifying the Role of Section 250 and Totality in R v Martin [2025] EWCA Crim 494 Introduction R v Martin [2025] EWCA Crim 494...
Clarifying Custodial Sentencing for Young Offenders and Totality Principles in Multiple Offences

Clarifying Custodial Sentencing for Young Offenders and Totality Principles in Multiple Offences

Date: Mar 29, 2025
Clarifying Custodial Sentencing for Young Offenders and Totality Principles in Multiple Offences 1. Introduction This commentary examines the Court of Appeal’s decision in BNE & Anor, R. v ([2025]...
Revocation Appeals Must Be Framed by the Original Protection Claim; Tribunals May Raise Jurisdictional Points But Should Invite Submissions — Commentary on SA v Secretary of State for the Home Department [2025] EWCA Civ 357

Revocation Appeals Must Be Framed by the Original Protection Claim; Tribunals May Raise Jurisdictional Points But Should Invite Submissions — Commentary on SA v Secretary of State for the Home Department [2025] EWCA Civ 357

Date: Mar 29, 2025
Revocation Appeals Must Be Framed by the Original Protection Claim; Tribunals May Raise Jurisdictional Points But Should Invite Submissions — Commentary on SA v Secretary of State for the Home...
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