Month: May 2015

26.05.15

1,209 internet trolls convicted in 2014

The Ministry of Justice has published figures relating to offences involving the posting of offensive, indecent, obscene or menacing messages.  The figures show 1,209 individuals were convicted in 2014, up from 143 a decade previously.  155 of the 1,209 were imprisoned.  An additional 685 individuals were cautioned under section 127 of the Communications Act 2003 last year. Source: The Times

22.05.15

ICO may take action against Google over 'right to be forgotten'

The Deputy Information Commissioner, David Smith, has indicated that the Information Commissioner’s Office (ICO) may take legal action against Google over its handling of ‘right to be forgotten’ requests.   The Article 29 Working Party has also criticised Google for notifying media outlets when URLs from their sites are going to be filtered and for failing…

Confiscation order quashed after procedural errors

A breath of fresh air in the decision from the Court of Appeal in Lodvik Guraj [2015] EWCA 305 following a scenario with which most criminal defence lawyers will be familiar.  In July 2012 the Appellant was convicted of drug trafficking and money laundering offences and sentenced to imprisonment. The sentencing judge fixed a fairly…

21.05.15

'Loss of self-control' not provocation

In R v Gurpinar & Kojo-Smith [2015] EWCA 178 the Court of Appeal (with the Lord Chief Justice presiding) examined the new(ish) partial criminal defence of ‘loss of self-control’ as opposed to provocation. The defendants were both young men convicted of murder after stabbing to death victims in fights. Both appealed against convictions on the…

20.05.15

Local Authority confiscation order quashed

The judgment of Pitchford LJ in the conjoined appeals of R v McDowell & Singh [2015] EWCA 173 is a must read for criminal lawyers and particularly those regularly engaged in confiscation proceedings. The judgment is of particular interest for its examination of the authorities on ‘lifting the corporate veil’ though ultimately neither appeal was…

19.05.15

Restraint Order breach attracts imprisonment

In Gary Drewett (2015) the High Court imposed an immediate nine month sentence of imprisonment for contempt of court for breaching a Restraint Order and Receivership Order. The Defendant, who had served a previous sentence of imprisonment for a like offence, had failed to comply with the terms of a. Receivership Order imposed following a…

Defence costs regime challenge fails

Sticking with the question of defence costs, the Divisional Court in R (Aiden) v Secretary of State for Justice [2015] EWHC 130 concerned an ambitious application for judicial review of the new Crown Court defence costs regime on human rights grounds. The position was the the Applicant had been tried and acquitted of ABH but…

14.05.15

Defamation injunctions: the need to show risk of republication

In Bell v Payne (2015) an application for an injunction to restrain an ex-girlfriend making defamatory allegations was adjourned with liberty to restore. Background In September 2013, proceedings were issued for libel. The claimant, a self-defence trainer had been in a relationship with the defendant. The relationship ended and the claimant alleged that in April 2013,…

11.05.15

London Legal Support Trust – Charity Walk

Brett Wilson LLP is taking part in a 10 km walk on Monday 18 May 2015 to raise money for free legal advice centres in and around London.  We are walking with the Lord Chief Justice and thousands of lawyers to raise funds for the London Legal Support Trust which funds Law Centres and pro bono agencies in…

1.05.15

Defence costs refused in successful summary appeal

Defendant’s costs orders were the subject of a judicial review in R (on the application of Monckton) v Carlisle Crown Court (2015). The defendant had successfully appealed her conviction for failing to notify details of driver under section 172 Road Traffic Act 1988. She never completed the form but was unable to establish whether she…