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England and Wales decisions
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Latty, R. v [2026] EWCA Crim 538 (10 March 2026)
The Court of Appeal held that a magistrates’ court committal for sentence was unlawful because the burglary was indictable only under the three-strikes rule.
The Circuit judge failed to conduct a proper examination and effective determination of Ground 1 of the appeal, which raised a jurisdictional issue regarding the power to grant mandatory injunctions against a tenant under section 9A of the Landlord and Tenant Act 1985. This amounted to a fundamental departure from correct procedure and a frustration of the judicial process, constituting jurisdictional error and denial of a fair hearing. Judicial review must be allowed and the refusal of permission to appeal quashed.
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Batt, R (On the Application Of) v The County Court at Central London [2025] EWHC 3071 (Admin) (26 November 2025)
The High Court allowed judicial review of a refusal of permission to appeal, holding the circuit judge failed to determine a jurisdictional ground and denied a fair hearing.
The sentencing judge was entitled to find that the applicant's driving was highly impaired by drugs, justifying Category A culpability and the starting point adopted. The uplift for multiple deaths and serious injury was within the guideline range. The periods of disqualification were lawfully imposed, subject to correction of calculation errors. The sentences were not manifestly excessive and were upheld, with minor adjustments to the disqualification periods to comply with statutory requirements.
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Henderson, R. v [2025] EWCA Crim 1180 (22 July 2025)
The Court of Appeal upheld Henderson’s 10-year sentence for causing death and serious injury by dangerous driving, correcting only the driving disqualification orders.
McGuinness, R. v [2024] EWCA Crim 1252 (06 September 2024)
The Court of Appeal reduced an assault-on-an-emergency-worker sentence from 182 days to 42 days and quashed unlawful Crown Court sendings of summary offences.
The sentence for assault on an emergency worker was excessive given the harm and culpability; the Crown Court lacked jurisdiction to deal with theft and failure to comply offences due to procedural errors in sending; the correct remedy was to quash the sentences and dispose of the summary offences in the Magistrates' Court.
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Codd, R. v [2024] EWCA Crim 339 (22 March 2024)
The Court of Appeal quashed an unlawful order revoking a SOPO and substituting a SHPO, holding the Crown Court lacked power to make the change.
The Court of Appeal quashed an invalid sending for trial, regularised committal, and upheld a two-year sentence for breach of a restraining order.
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.
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