consent-reaffirmed-as-no-defence-in-assault-occasioning-actual-bodily-harm:-hobday-v-r.-2025-ewca-crim-46 Case Commentaries

Serious Childhood Sexual Offending Does Not Automatically Require Custody When Sentenced in Adulthood

Date: Sep 9, 2026

Serious Childhood Sexual Offending Does Not Automatically Require Custody When Sentenced in Adulthood Case: NJL, R. v [2026] EWCA Crim 1323 Court: Court of Appeal of England and Wales, Criminal...

Adults Sentenced for Childhood Sexual Offences: Youth-Sentencing Principles Can Justify a Community Order

Date: Sep 9, 2026

Adults Sentenced for Childhood Sexual Offences: Youth-Sentencing Principles Can Justify a Community Order Case: MJK, R. v [2026] EWCA Crim 1322 Court: Court of Appeal of England and Wales, Criminal...

Personal Injury Claims Require Proof of the Pleaded Accident and Its Causal Connection to Negligence

Date: Sep 9, 2026

Personal Injury Claims Require Proof of the Pleaded Accident and Its Causal Connection to Negligence Court: High Court of Ireland Neutral citation: [2026] IEHC 615 Judge: Mr. Justice Barry O’Donnell...

Minor IPAT Corrections Do Not Restart Judicial Review Time Limits

Date: Sep 8, 2026

Minor IPAT Corrections Do Not Restart Judicial Review Time Limits Case: G.B v The International Protection Appeals Tribunal and Anor Citation: [2026] IEHC 609 Court: High Court of Ireland Judge: Mr...

Asylum Appeals: No General Duty to Search for and Distinguish Similar Tribunal Decisions

Date: Sep 8, 2026

Asylum Appeals: No General Duty to Search for and Distinguish Similar Tribunal Decisions Case: EI v The International Protection Appeals Tribunal and Anor (Approved) [2026] IEHC 611 Court: High Court...

Brief Sexual Touching Can Attract Category 2 Harm Where the Wider Incident Is Sustained

Date: Sep 5, 2026

Brief Sexual Touching Can Attract Category 2 Harm Where the Wider Incident Is Sustained Judgment: [2026] EWCA Crim 1265 Court: Court of Appeal of England and Wales, Criminal Division Date: 4...

Non-Prosecution Assurances Must Be Unequivocal and Supported by Contemporaneous Evidence

Date: Sep 5, 2026

Non-Prosecution Assurances Must Be Unequivocal and Supported by Contemporaneous Evidence Decision: [2026] EWCA Crim 1226 Court: England and Wales Court of Appeal (Criminal Division) Date: 4 September...

Strangulation as an Inherently Grave Assault: Severe Sentencing, No Consent Defence, and Robust Use of Non-Harassment Orders

Date: Sep 4, 2026

Strangulation as an Inherently Grave Assault: Severe Sentencing, No Consent Defence, and Robust Use of Non-Harassment Orders Court: High Court of Justiciary (Appeal Court), Scotland Citation: [2026]...

Section 275 Evidence Is Confined to the Purpose Specified in the Application

Date: Sep 4, 2026

Section 275 Evidence Is Confined to the Purpose Specified in the Application Case: Appeal against conviction, [2026] HCJAC 41 Court: Appeal Court, High Court of Justiciary Date: 3 September 2026 1....

Suspending Sentence Remains an Evaluative Judgment Despite Expanded Powers and Compelling Mitigation

Date: Sep 4, 2026

Suspending Sentence Remains an Evaluative Judgment Despite Expanded Powers and Compelling Mitigation Case: WSE, R. v [2026] EWCA Crim 1300 Court: Court of Appeal of England and Wales, Criminal...

Multiple Burglary Sentencing: Totality, Guideline-Based Reasoning and Structured Driving Disqualification

Date: Sep 4, 2026

Multiple Burglary Sentencing: Totality, Guideline-Based Reasoning and Structured Driving Disqualification Court: Court of Appeal (Criminal Division) Neutral citation: [2026] EWCA Crim 1301 Date: 3...

Activating a Suspended Sentence: Proportionality May Require Concurrent Custody for a Minor Notification Breach

Date: Sep 4, 2026

Activating a Suspended Sentence: Proportionality May Require Concurrent Custody for a Minor Notification Breach Court: Court of Appeal of England and Wales, Criminal Division Neutral citation: [2026]...

Tailored Extensions of Time in Undefended Divorce Appeals: “Proper Provision” as a Counterweight to Non‑Engagement

Date: Sep 3, 2026

Tailored Extensions of Time in Undefended Divorce Appeals: “Proper Provision” as a Counterweight to Non‑Engagement Case: C.E.F. v G.H. (non-engagement, undefended hearing, Circuit Court Appeal)...

Section 1 Prevention of Crime Act 1953: “Instant arming” during an assault is not “having with him” an offensive weapon

Date: Sep 3, 2026

Section 1 Prevention of Crime Act 1953: “Instant arming” during an assault is not “having with him” an offensive weapon Case: Kalinga v R Neutral citation: [2026] EWCA Crim 1135 Court: England and...

Limits on Fresh-Evidence Appeals in Joint-Enterprise Murder: Intermediaries, ADHD Evidence, and Diminished Responsibility Where the Defendant Denies the Killing Role

Date: Sep 3, 2026

Limits on Fresh-Evidence Appeals in Joint-Enterprise Murder: Intermediaries, ADHD Evidence, and Diminished Responsibility Where the Defendant Denies the Killing Role Case: Richardson v R Citation:...

Unrepresented Bail Hearings: Absence of Counsel Alone Does Not Establish Unlawful Detention Under Article 40

Date: Sep 3, 2026

Unrepresented Bail Hearings: Absence of Counsel Alone Does Not Establish Unlawful Detention Under Article 40 High Court of Ireland · [2026] IEHC 610 · Nolan J. · 2 September 2026 1. Introduction This...

Distinct Assaults on Emergency Workers May Justify Consecutive Sentences Within Overall Totality

Date: Sep 3, 2026

Distinct Assaults on Emergency Workers May Justify Consecutive Sentences Within Overall Totality England and Wales Court of Appeal (Criminal Division), [2026] EWCA Crim 1299, 2 September 2026...

Successive Prosecutions and Finality: Earlier Sentencing May Make Overlapping Charges an Abuse of Process

Date: Sep 3, 2026

Successive Prosecutions and Finality: Earlier Sentencing May Make Overlapping Charges an Abuse of Process Court: Court of Appeal of England and Wales (Criminal Division) Neutral citation: [2026] EWCA...

Suspended Sentences After Sentencing Act 2026: Extended Power to 3 Years Does Not Dilute the “Wrong in Principle / Manifestly Excessive” Test

Date: Sep 3, 2026

Suspended Sentences After Sentencing Act 2026: Extended Power to 3 Years Does Not Dilute the “Wrong in Principle / Manifestly Excessive” Test 1) Introduction In R v Davis & Anor [2026] EWCA Crim...

Paper-Only Protection Appeals: Different Emphasis on Existing Evidence Does Not Ordinarily Require Fresh Notice

Date: Sep 2, 2026

Paper-Only Protection Appeals: Different Emphasis on Existing Evidence Does Not Ordinarily Require Fresh Notice Case: D.M. [Georgia] v The International Protection Appeals Tribunal and Anor...