R v James McLellan

JurisdictionEngland & Wales
JudgeLord Justice Gross
Judgment Date06 October 2017
Neutral Citation[2017] EWCA Crim 1464
Docket NumberCase No: 201700961 A3 & 201604439 A4
CourtCourt of Appeal (Criminal Division)
Date06 October 2017
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14 cases
  • R v CZ
    • United Kingdom
    • Court of Appeal (Northern Ireland)
    • 20 December 2018
    ...SOPOs was cited with apparent approval in a later judgment in the Court of Appeal in England and Wales: see R v McLellan; R v Bingley [2017] EWCA Crim 1464 at [51]-[57]. In an interesting observation in that case, Gross LJ noted, when discussing section 108(4) of the 2003 Act, that it was “......
  • Hayden Graeme Parsons v R
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 20 December 2017
    ...in the light of developments in technology and everyday life. A further question is whether the decision in R v McLellan and Bingley [2017] EWCA Crim 1464 applies to SHPOs, mutatis mutandis, as well as to SOPOs. 3 The legislation governing SHPOs is found in ss. 103A and following of the Sex......
  • R v Jake Beevers
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 30 June 2020
    ...any reason for the increase in length. Proceeding in such a way ignores the guidance given by this court in R v McLellan and Bingley [2017] EWCA Crim 1464. 32 The effect of the unlawful sentences, combined with an indefinite Sexual Harm Prevention Order, additionally causes the appellant t......
  • R v Abdullah Al Mahmood
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 21 February 2019
    ...order in a case where the notification requirements endure for ever; that also is permissible in law.” 11 In R v McLellan and Bingley [2017] EWCA Crim 1464, Gross LJ made further general observations on the relationship between SHPOs and notification requirements. He said as follows: “25. ......
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2 books & journal articles
  • A Sexual Harm? HIV Transmission, ‘Biological’ GBH and Ancillary Sentencing Provisions in England and Wales
    • United Kingdom
    • Journal of Criminal Law, The No. 85-3, June 2021
    • 1 June 2021
    ...Notes to the Anti-Social Behaviour (n 31) at para 263.36. R v Parsons; Morgan (n 11) [3]; R v McLellan (James); R v Bingley (Carl) [2017] EWCA Crim 1464 [40].37. R v Smith and Others [2011] EWCA Crim 1772.38. For commentary, see AA Gillespie, ‘Terms of a Sexual Offences Prevention Order: R ......
  • In court
    • United Kingdom
    • Probation Journal No. 65-2, June 2018
    • 1 June 2018
    ...jurisdiction ofthe Crown Court to consider the application and amend the order to correct theconflict. R v McLELLAN and R v BINGLEY, [2018] 1 Cr App R(S) 18. ...

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