England and Wales Case Commentaries

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)

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

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

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

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

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

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

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)

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

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

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

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...

“A Category Apart” – R v Hussain [2025] EWCA Crim 419 and the Rule that Prison-Drug Supply Warrants Consecutive Sentencing

Date: Mar 8, 2025

“A Category Apart” – R v Hussain [2025] EWCA Crim 419 and the Rule that Prison-Drug Supply Warrants Consecutive Sentencing 1. Introduction The Court of Appeal (Criminal Division) in Hussain...

Establishing Continuous Dependency and the Essential Nature of Education in Extended Family Member Cases: Tipu v Secretary of State for the Home Department

Date: Mar 7, 2025

Establishing Continuous Dependency and the Essential Nature of Education in Extended Family Member Cases Introduction The case of Tipu v Secretary of State for the Home Department ([2025] EWCA Civ...

New Precedent on FRAND Licensing Jurisdiction for 5G SEPs in the Avanci Platform

Date: Mar 7, 2025

New Precedent on FRAND Licensing Jurisdiction for 5G SEPs in the Avanci Platform Introduction This commentary examines the decision rendered in the case of Tesla Inc & Anor v IDAC Holdings Inc & Ors...

Balancing Expediency and Uncertainty: New Precedents on Permanent Placement Orders in Child Care Proceedings

Date: Mar 7, 2025

Balancing Expediency and Uncertainty: New Precedents on Permanent Placement Orders in Child Care Proceedings Introduction The case of M (A Child) (Placement Order) ([2025] EWCA Civ 214) before the...

R v Gholami: Court of Appeal Re-affirms Trial Judges’ Discretion on Hearsay and Clarifies the “Wholly” Direction for Bad-Character Evidence

Date: Mar 7, 2025

R v Gholami: Court of Appeal Re-affirms Trial Judges’ Discretion on Hearsay and Clarifies the “Wholly” Direction for Bad-Character Evidence 1. Introduction The decision in Gholami, R. v ([2025] EWCA...

“Sun Clarification”: Judicial Latitude in Expanding Self-Defence Directions to Juries

Date: Mar 7, 2025

“Sun Clarification”: Judicial Latitude in Expanding Self-Defence Directions to Juries 1. Introduction Case: R v Sun ([2025] EWCA Crim 422) Court: Court of Appeal (Criminal Division) Judgment date: 6...

R v Baja ([2025] EWCA Crim 967): Judicial Autonomy, Mental Disorder & the Proper Use of Hospital Orders

Date: Mar 7, 2025

R v Baja ([2025] EWCA Crim 967): Judicial Autonomy, Mental Disorder & the Proper Use of Hospital Orders 1. Introduction R v Baja concerned His Majesty’s Solicitor General’s reference of an ostensibly...

Balancing Mitigation and Aggravation: New Precedents in Sentencing for Domestic Violence and Wounding with Intent

Date: Mar 7, 2025

Balancing Mitigation and Aggravation: New Precedents in Sentencing for Domestic Violence and Wounding with Intent Introduction The case of Gomez, R. v ([2025] EWCA Crim 342) before the England and...