David Walbank KC adds further video case reviews to his CrimeCast.Law updating website

May 5, 2023

Recent reviews include:

R v Miller (Stanley) [2023] 4 WLR 6

“Where the defendant was a director and shareholder of three different companies, which had defrauded HMRC, when would the court re-open a confiscation order made by consent but founded on allegedly erroneous legal advice as to piercing the corporate veil?”

Zu Sayn-Wittgenstein-Sayn v HM Juan Carlos de Borbon y Borbon [2023] 1 WLR 1162

“The case concerned a claim for harassment brought by the ex-mistress of the former King of Spain and it prompted the court to examine the doctrine of state immunity and, specifically, the ambit of functional immunity under s.14 State Immunity Act 1978.”

R v Kish (Stephen) [2023] 1 Cr App R (S) 23

“Where a defendant was convicted under s. 63(1) Criminal Justice and Immigration Act 2008 of possession of an extreme pornographic image depicting bestiality, could the protections afforded by a Sexual Harm Prevention Order be extended to animals?”

Director of Public Prosecutions v Cook [2023] 1 Cr App R 15

“On charges under s.127 Communications Act 2003 relating to misuse of the public electronic communications network, could a court go behind a prosecutor’s certificate as to the date when he or she had knowledge of evidence sufficient to charge the defendant?”

In Re Abortion Services (Safe Access Zones) (Northern Ireland) Bill [2023] 2 WLR 33

“Where the Northern Ireland Assembly passed a Bill providing for the designation of ‘Safe Access Zones’ around abortion clinics and criminalising certain types of behaviour within those zones, was that within the legislative competence of the assembly?”

R v Derwood Datson (Luke Steven) [2023] 1 Cr App R 6

“If someone believed he was lawfully importing cannabis with a THC level of less than 0.2%, did he have a defence to being knowingly concerned in the fraudulent evasion of a prohibition? Was he caught by the principle that ignorance of the law is no defence?”

R (Leigh) v Metropolitan Police Commissioner [2022] 1 WLR 3141

“The cancellation of a planned vigil in memory of Sarah Everard highlighted how the restrictions on outdoor gatherings at the height of the COVID-19 pandemic had to be subject to the ECHR rights to freedom of expression and freedom of peaceful assembly.”

Cain v Director of Public Prosecutions [2022] 2 Cr App R 15

“On a count charging the racially aggravated use of threatening, abusive or insulting words or behaviour, could the public order offence be ‘racially aggravated’ where both the alleged perpetrator and supposed victim were members of the same racial group?”

 

David Walbank KC’s CrimeCast.Law criminal law updating website offers nearly 250 video reviews on recent caselaw and legislation. For free and instant access to all the reviews, visit [CrimeCast.Law]