November 6, 2020
David Walbank QC has added more than 70 video case reviews to his CrimeCast.Law daily updating website since it went live on 24 September 2020. Case law reviewed in the past fortnight includes:
• R v Nguyen (Van Huong) [2020] 1 WLR 3084 on the status of a police interview inculpating a co-defendant where the interviewee changes his story at trial in order to exculpate the co-defendant.
• R v Barton & Booth [2020] 2 Cr App R 7 on the test of dishonesty in English criminal law, the development of the rules of precedent and the primacy of Ivey over Ghosh.
• R v Westwood (Thomas) [2020] EWCA Crim 598 on the range of Mental Health Act disposals for manslaughter by reason of diminished responsibility and on credit for a guilty plea following psychiatric reports.
• R v Roth (Boruch) [2020] 4 WLR 130 on confiscation following conviction for breach of a planning enforcement notice and the maximum sentencing powers following a committal under section 70 POCA.
• R v RN [2020] EWCA Crim 937 a shaken baby case where the appeal court considered when a jury can be asked whether the foreman’s verdict accurately reflects the outcome of their deliberations.
• R (Highbury Poultry Farm Produce Ltd) v CPS [2020] UKSC 39 an animal welfare prosecution dependent on EU principles of legislative interpretation and their interplay with English canons of construction.
• R (Roberts) v Leicester Crown Court [2020] EWHC 1783 (Admin) on hearsay where a witness is overseas; the admissibility of pre-trial forms; recusal for bias; refusal to state a case and remedies for wrongful refusal.
• Hunt v DPP [2020] 4 WLR 81 on interveners in the Court of Appeal (Criminal Division) and whether ‘costs of and incidental to proceedings’ can include the costs of other proceedings.
• R v Mohamadi (Hamid) [2020] EWCA Crim 327 a gang rape where there was no intoxication direction despite the possibility that encouragement by presence had been more than merely hypothetical.
• R (Mahmood) v Upper Tribunal [2020] 3 WLR 723 conjoined deportation appeals on whether a range of criminality had “caused serious harm” withing the meaning of the foreign criminal provisions.
For a full list and to view any of the videos so far uploaded, visit: [CrimeCast.Law]