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Court: Court of Appeal (Criminal Division)

Court of Appeal holds no violation of ECHR, art 6 from undercover prosecution evidence

R v Syed [2018] EWCA Crim 2809

The applicant wished to argue that decisive prosecution evidence in the case against the applicant from an undercover operation should be excluded pursuant ECHR, art 6. The applicant sought the certification of a point general public importance for an appeal to the Supreme Court, to determine the continued correctness of R v Looseley [2001] UKHL 53, binding on the Court, which held that the relevant English law on entrapment is derived from the common law.
Held: there is no arguable case of entrapment on the facts and, equally, no arguable case that there was any material difference between English law and the Strasbourg jurisprudence such as to cast any doubt on Looseley complying with ECHR, art 6.

Custodial sentence imposed on appellants following public nuisance was manifestly excessive

Roberts & Ors v R (Liberty and Friends of the Earth Intervening) [2018] EWCA Crim 2739

The immediate custodial sentence imposed on the appellants was manifestly excessive. By the time of the hearing, the appellants had been in custody for three weeks meaning that they had served a sentence equivalent to six weeks. The Court concluded that it would not be appropriate to impose a community order with a punitive element. The time in custody represented adequate punishment.

Court considers applications for extensions of time and the quashing of convictions following alleged, deliberate non-disclosure

R v Ibori & Ors [2018] EWCA 2291 (Crim)

This is an appeal concerning “grave allegations of police corruption and deliberate non-disclosure, such that, given the need to maintain the integrity of the justice system, it is said to have been unfair to try the applicants. Accordingly, the applicants submit that their applications for extensions of time and leave to appeal should be granted […]

Appeal against convictions for conspiracy to import cocaine on disclosure grounds, dismissed

R v Knaggs & Ors [2018] EWCA Crim 1863

The appellants sought to appeal their convictions for conspiracy to import cocaine, each relying on two grounds relating to the disclosure/admissibility of evidence relating to communications between alleged conspirators. Evidence relied on by the appellants in relation to both grounds was considered by the Court, de bene esse, and it concluded that this evidence did […]

Appeal by the BBC against a reporting restriction order in the trial of R v Sarker, allowed

Regina v Sarker & Anor [2018] EWCA Crim 1341

The Court of Appeal has allowed an appeal by the BBC against a reporting restriction order in the trial of R v Sarker. The judgment, given by the Lord Chief Justice, contains important guidance on the proper approach to applications for restrictions on reporting in criminal proceedings, specifically in relation to online articles, and a […]