Crime and Sentencing in UK Law
- anti social behaviour
- child offender
- criminal practice
- financial crimes
- misuse of drugs
- nature of offence
- offences against the person
- offences involving property
- official secrets
- parties to crime
- public order
- road traffic and transportation offences
- serious organised crimes
- sexual offences
- weapons and firearms
- wildlife offences
R (Razgar) v Secretary of State for the Home Department
(4) If so, is such interference necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others?
Woolmington v DPP
Throughout the web of the English Criminal Law one golden thread is always to be seen that it is the duty of the prosecution to prove the prisoner's guilt subject to what I have already said as to the defence of insanity and subject also to any statutory exception. No matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part of the common law of England and no attempt to whittle it down can be entertained.
R v Galbraith
(b) Where however the prosecution evidence is such that its strength or weakness depends on the view to be taken of a witness's reliability, or other matters which are generally speaking within the province of the jury and where on one possible view of the facts there is evidence upon which a jury could properly come to the conclusion that the defendant is guilty, then the Judge should allow the matter to be tried by the jury. (b) Where however the prosecution evidence is such that its strength or weakness depends on the view to be taken of a witness's reliability, or other matters which are generally speaking within the province of the jury and where on one possible view of the facts there is evidence upon which a jury could properly come to the conclusion that the defendant is guilty, then the Judge should allow the matter to be tried by the jury.
R v Boardman
The test must be—is the evidence capable of tending to persuade a reasonable jury of the accused's guilt on some ground other than his bad character and disposition to commit the sort of crime with which he is charged? The similarity would have to be so unique or striking that common sense makes it inexplicable on the basis of coincidence.
MF (Nigeria) v Secretary of State for The Home Department
Rather it is that, in approaching the question of whether removal is a proportionate interference with an individual's article 8 rights, the scales are heavily weighted in favour of deportation and something very compelling (which will be "exceptional") is required to outweigh the public interest in removal.
Huang v Secretary of State for the Home Department; Abu-Qulbain v Same; Kashmiri v Same
In an article 8 case where this question is reached, the ultimate question for the appellate immigration authority is whether the refusal of leave to enter or remain, in circumstances where the life of the family cannot reasonably be expected to be enjoyed elsewhere, taking full account of all considerations weighing in favour of the refusal, prejudices the family life of the applicant in a manner sufficiently serious to amount to a breach of the fundamental right protected by article 8.
R v Secretary of State for the Home Department, ex parte Simms
Fundamental rights cannot be overridden by general or ambiguous words. This is because there is too great a risk that the full implications of their unqualified meaning may have passed unnoticed in the democratic process. In the absence of express language or necessary implication to the contrary, the courts therefore presume that even the most general words were intended to be subject to the basic rights of the individual.
Sentencing Policy and Economic Crime
The aim of this article is to examine those philosophical and structural factors which have been responsible for shaping sentencing policy for economic crime in the UK and to analyse some key decis...
Hitting the suite spot: sentencing frauds
Purpose: The purpose of this paper is to generate data on sentencing within a framework that enables clearer understanding of the sentencing policy options. Design/methodology/approach: Descriptiv...
Adequacy of law enforcement and prosecution of economic crimes in South Africa
Purpose: Economic crime is a serious challenge to business leaders, government officials and private individuals in South Africa. Given the important role of law enforcement, prosecution and senten...
New developments in Hong Kong’s anti-money laundering laws
Purpose: The purpose of this paper is to discuss briefly new developments in Hong Kong’s (HK) Anti-Money Laundering (AML) laws, both in terms of case law and legislation. Design/methodology/approa...
- Health And Safety Crime Sentencing Hits The Health And Care Sector
- UK Courts Get Tough On Environmental Crime: Sentencing Of Environmental Offences Committed By Large Companies
- The Hacker, Bitcoin, The Proceeds Of Crime Act And The Criminal Courts (Sentencing) Act
- Exemplary Sentencing For Terrorist Offenders: Umar Azmeh Writes For The Criminal Law Review