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England and Wales Case Law

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Criminal law

R v Christopher Clark

The Court of Appeal quashed an invalid sending for trial, regularised committal, and upheld a two-year sentence for breach of a restraining order.

  • Breach of restraining order
  • Common assault
  • Committal procedure
  • Sentencing
  • Jurisdictional error
  • Breach-of-restraining-order
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Criminal law [2023] EWCA Crim 309

Clark, R. v

Clark, R. v [2023] EWCA Crim 309 (28 February 2023)

The Court of Appeal quashed an invalid committal for trial, regularised a fresh committal for sentence, and upheld a two-year sentence for breach of a restraining order.

  • Breach of restraining order
  • Committal procedure
  • Sentencing
  • Jurisdictional error
  • Common assault
  • Breach-of-restraining-order
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Criminal law

Anderson. R. v

The Court of Appeal held the Crown Court had sentenced beyond its powers after a defective committal; unlawful sentences and surcharge were quashed and replaced.

  • Sentencing
  • Jurisdiction
  • Committal procedure
  • Breach of suspended sentence
  • Victim surcharge
  • Committal-procedure
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Criminal law [2012] EWCA Crim 1939

Morgan, R. v

Morgan, R. v [2012] EWCA Crim 1939 (24 August 2012)

The Court of Appeal quashed a 9-month theft sentence and substituted 4 months, finding the Crown Court may have exceeded its sentencing powers and the original term was excessive.

  • Sentencing powers
  • Breach of suspended sentence
  • Committal procedure
  • Disparity in sentencing
  • Sentencing-powers
  • Breach-of-suspended-sentence
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Criminal law

Morgan, R. v

The Court of Appeal reduced a theft sentence from 9 months to 4 months after finding the Crown Court’s sentencing powers were limited by the committal route.

  • Sentencing powers
  • Breach of suspended sentence
  • Committal procedure
  • Disparity in sentencing
  • Criminal-sentencing
  • Committal-procedure
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Criminal law [2011] EWCA Crim 2030

Mitchell, R v

Mitchell, R v [2011] EWCA Crim 2030 (05 August 2011)

The Court of Appeal held that the Crown Court had been limited to six months for the offence and quashed a 12-month term, substituting five months.

  • Sentencing powers
  • Racially aggravated offences
  • Breach of suspended sentence
  • Committal procedure
  • Criminal-sentencing
  • Court-of-appeal-criminal-division
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Criminal law

Josephs, R v

The Court of Appeal held that an unsigned combined indictment meant there was no valid indictment, so the conviction was a nullity and had to be set aside.

  • Indictment validity
  • Committal procedure
  • Nullity of conviction
  • Joinder of counts
  • Indictment-validity
  • Criminal-procedure
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Criminal law

Dodson, R. v

The Court of Appeal quashed a Crown Court committal and sentence for a summary-only offence, holding the section 41 procedure was a nullity.

  • Committal procedure
  • Jurisdiction
  • Summary offences
  • Crown court powers
  • Criminal-procedure
  • Committal-procedure
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Criminal law [2009] EWCA Crim 1830

Dodson, R. v

Dodson, R. v [2009] EWCA Crim 1830 (26 August 2009)

The Court of Appeal quashed Wayne Dodson’s committal and sentence for a summary-only offence, holding the Crown Court lacked jurisdiction under section 41.

  • Committal procedure
  • Jurisdiction
  • Summary offences
  • Crown court powers
  • Judicial review
  • Criminal-procedure
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Criminal law [2001] EWHC 11 (Admin)

Ellison, R (on the application of) v Teesside Magistrates' Court

Ellison, R (on the application of) v Teesside Magistrates' Court [2001] EWHC 11 (Admin) (16 January 2001)

The Divisional Court quashed a magistrates’ custody remand made after the statutory 24-hour period for a bail-breach hearing had expired.

  • Bail
  • Jurisdiction of magistrates
  • Committal procedure
  • Magistrates-courts-jurisdiction
  • Judicial-review
  • Committal-procedure
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.