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  • Commentaries

England and Wales Case Commentaries

Refining Youth Culpability: The Enhanced Application of the Ahmed Framework in Sentencing Sexual Offences Committed by Young Offenders

Refining Youth Culpability: The Enhanced Application of the Ahmed Framework in Sentencing Sexual Offences Committed by Young Offenders

Date: Mar 14, 2025
Refining Youth Culpability: The Enhanced Application of the Ahmed Framework in Sentencing Sexual Offences Committed by Young Offenders Introduction The case of AIZ, R. v ([2025] EWCA Crim 349)...
Recalibrating Extremity in Sentencing: Balancing Aggravation and Mitigation in Extreme Child Abuse Cases

Recalibrating Extremity in Sentencing: Balancing Aggravation and Mitigation in Extreme Child Abuse Cases

Date: Mar 14, 2025
Recalibrating Extremity in Sentencing: Balancing Aggravation and Mitigation in Extreme Child Abuse Cases Introduction The case of Urfan & Ors, R. v ([2025] EWCA Crim 372) represents one of the most...
R v AKH: Defining “Police Privileges” and “Benefit” under Section 26 of the Criminal Justice and Courts Act 2015

R v AKH: Defining “Police Privileges” and “Benefit” under Section 26 of the Criminal Justice and Courts Act 2015

Date: Mar 14, 2025
R v AKH: Defining “Police Privileges” and “Benefit” under Section 26 of the Criminal Justice and Courts Act 2015 Introduction This commentary examines the Court of Appeal’s partial judgment in R v...
Clarifying Child-Vulnerability and Multi-Victim Sentencing:
            Commentary on R v M, [2025] EWCA Crim 872

Clarifying Child-Vulnerability and Multi-Victim Sentencing: Commentary on R v M, [2025] EWCA Crim 872

Date: Mar 14, 2025
Clarifying Child-Vulnerability and Multi-Victim Sentencing: Commentary on R v M ([2025] EWCA Crim 872) 1. Introduction In R v M the Court of Appeal (Criminal Division) was asked by the...
Clarifying the Limits of Rule 18.24 & 18.28: Administrator Remuneration and the Time‐Cost Basis

Clarifying the Limits of Rule 18.24 & 18.28: Administrator Remuneration and the Time‐Cost Basis

Date: Mar 13, 2025
Clarifying the Limits of Rule 18.24 & 18.28: Administrator Remuneration and the Time‐Cost Basis Introduction The case of Frost & Anor v The Good Box Co Labs Ltd & Ors ([2025] EWCA Civ 252) presents...
Clarifying the Threshold of Awareness: Determining a "Significant Role" in Drug Conspiracy Cases

Clarifying the Threshold of Awareness: Determining a "Significant Role" in Drug Conspiracy Cases

Date: Mar 13, 2025
Clarifying the Threshold of Awareness: Determining a "Significant Role" in Drug Conspiracy Cases Introduction In Dobre, R. v ([2025] EWCA Crim 370), the England and Wales Court of Appeal (Criminal...
Judicial Authority to Address Inaccurate Agreed Facts in Summing-Up – Arachchige v R ([2025] EWCA Crim 363)

Judicial Authority to Address Inaccurate Agreed Facts in Summing-Up – Arachchige v R ([2025] EWCA Crim 363)

Date: Mar 13, 2025
Judicial Authority to Address Inaccurate Agreed Facts in Summing-Up – Arachchige v R ([2025] EWCA Crim 363) Introduction Arachchige v R is a 2025 decision of the England and Wales Court of Appeal...
“One Bite of the Cherry”: The Court of Appeal Clarifies How to Avoid Double-Counting When Applying
            Sentencing Guidelines for “Causing or Allowing the Death of a Child”

“One Bite of the Cherry”: The Court of Appeal Clarifies How to Avoid Double-Counting When Applying Sentencing Guidelines for “Causing or Allowing the Death of a Child”

Date: Mar 13, 2025
“One Bite of the Cherry” – The Court of Appeal Clarifies How to Avoid Double-Counting in Step-Based Sentencing for Child-Death Offences (Commentary on Gleason-Mitchell, R. v [2025] EWCA Crim 874) 1....
Strict Compliance with Appeal Deadlines and Fresh Evidence Thresholds in Criminal Appeals

Strict Compliance with Appeal Deadlines and Fresh Evidence Thresholds in Criminal Appeals

Date: Mar 13, 2025
Strict Compliance with Appeal Deadlines and Fresh Evidence Thresholds in Criminal Appeals Introduction R. v Woroniecki [2025] EWCA Crim 364 is a decision of the England and Wales Court of Appeal...
Enhanced Accountability for Public Safety in Hotel Operations: LFH Moonfleet Manor Ltd v R. ([2025] EWCA Crim 220)

Enhanced Accountability for Public Safety in Hotel Operations: LFH Moonfleet Manor Ltd v R. ([2025] EWCA Crim 220)

Date: Mar 12, 2025
Enhanced Accountability for Public Safety in Hotel Operations: LFH Moonfleet Manor Ltd v R. ([2025] EWCA Crim 220) Introduction The case of LFH Moonfleet Manor Ltd v R. ([2025] EWCA Crim 220) before...
Age at Sentencing and Review Rights in DHMP: Balancing Rehabilitation, Victim Interests, and Arbitrary Detention

Age at Sentencing and Review Rights in DHMP: Balancing Rehabilitation, Victim Interests, and Arbitrary Detention

Date: Mar 12, 2025
Age at Sentencing and Review Rights in DHMP: Balancing Rehabilitation, Victim Interests, and Arbitrary Detention Introduction The case of Quaye, R (On the Application Of) v Secretary of State for...
Balancing Discretion and Procedural Fairness in Sponsor Licence Revocation: New Precedents on Impact Assessment

Balancing Discretion and Procedural Fairness in Sponsor Licence Revocation: New Precedents on Impact Assessment

Date: Mar 12, 2025
Balancing Discretion and Procedural Fairness in Sponsor Licence Revocation: New Precedents on Impact Assessment Introduction The judgment in Prestwick Care Ltd & Ors, R (On the Application Of) v...
R v Goncalves [2025] EWCA Crim 1260: Post‑Brexit proof of foreign convictions via hearsay and the defendant’s right to assert good character

R v Goncalves [2025] EWCA Crim 1260: Post‑Brexit proof of foreign convictions via hearsay and the defendant’s right to assert good character

Date: Mar 12, 2025
R v Goncalves [2025] EWCA Crim 1260: Post‑Brexit proof of foreign convictions via hearsay and the defendant’s right to assert good character Introduction This Court of Appeal (Criminal Division)...
Guidance on Sentencing for Non-Violent but Highly Disruptive Environmental Protest Offences

Guidance on Sentencing for Non-Violent but Highly Disruptive Environmental Protest Offences

Date: Mar 11, 2025
Guidance on Sentencing for Non-Violent but Highly Disruptive Environmental Protest Offences 1. Introduction The decision in Hallam & Ors v R ([2025] EWCA Crim 199) addresses a number of appeals...
Haque v Secretary of State for the Home Department – The De-Minimis Error Principle in Visitor Visa Judicial Reviews

Haque v Secretary of State for the Home Department – The De-Minimis Error Principle in Visitor Visa Judicial Reviews

Date: Mar 11, 2025
Haque v Secretary of State for the Home Department: Establishing the “De-Minimis Error” Principle for Challenging Entry Clearance Decisions 1. Introduction In Haque v Secretary of State for the Home...
Revisiting Group Conspiracy Sentencing: Clarifying Culpability and Mitigation in Conspiracies

Revisiting Group Conspiracy Sentencing: Clarifying Culpability and Mitigation in Conspiracies

Date: Mar 8, 2025
Revisiting Group Conspiracy Sentencing: Clarifying Culpability and Mitigation in Conspiracies Introduction The Judgment in Okunola, R. v ([2025] EWCA Crim 350) presents a significant development in...
Clarifying the Continuing Nature of Kidnap by Deception and the Independence of Verdicts ([2025] EWCA Crim 365)

Clarifying the Continuing Nature of Kidnap by Deception and the Independence of Verdicts ([2025] EWCA Crim 365)

Date: Mar 8, 2025
Clarifying the Continuing Nature of Kidnap by Deception and the Independence of Verdicts ([2025] EWCA Crim 365) Introduction Yellambai & Ors, R v [2025] EWCA Crim 365 is an appeal brought by three...

        Coley v R [2025] EWCA Crim 418 – The “Coley Escalation Principle”: 
        When Multiple Category-2 Harm Factors Justify Elevation to Category-1 
        in Rape Sentencing

Coley v R [2025] EWCA Crim 418 – The “Coley Escalation Principle”: When Multiple Category-2 Harm Factors Justify Elevation to Category-1 in Rape Sentencing

Date: Mar 8, 2025
Coley v R [2025] EWCA Crim 418 – The “Coley Escalation Principle”: Elevating a Rape Offence to Category 1 Where Several Category 2 Harm Factors Co-exist Introduction Coley v R concerns the appeal of...
R v Stuttle [2025] EWCA Crim 256: Undisclosed Items Found Within Exhibits During Jury Deliberations as “New Evidence” Rendering Convictions Unsafe

R v Stuttle [2025] EWCA Crim 256: Undisclosed Items Found Within Exhibits During Jury Deliberations as “New Evidence” Rendering Convictions Unsafe

Date: Mar 8, 2025
R v Stuttle [2025] EWCA Crim 256: Undisclosed Items Found Within Exhibits During Jury Deliberations as “New Evidence” Rendering Convictions Unsafe 1. Introduction The decision in R v Stuttle [2025]...
Standards for Renewal of Leave to Appeal and Extension of Time in Sexual Offences Appeals: Clarification under Begbie, R v [2025] EWCA Crim 289

Standards for Renewal of Leave to Appeal and Extension of Time in Sexual Offences Appeals: Clarification under Begbie, R v [2025] EWCA Crim 289

Date: Mar 8, 2025
Standards for Renewal of Leave to Appeal and Extension of Time in Sexual Offences Appeals: Clarification under Begbie, R v [2025] EWCA Crim 289 Introduction R v Begbie ([2025] EWCA Crim 289) comes...
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