Road traffic Sentence. The defendant pleaded guilty to causing death by careless driving after the deceased motorcyclist was killed when the defendant made a u-turn. He was sentenced to 12 months' imprisonment and was disqualified from driving for three years. In allowing the appeal, the Court of Appeal, Criminal Division held that a sentence of nine months' imprisonment was appropriate. The period of disqualification was reduced to two years.
Immigration Asylum. The claimant sought the adjournment of his asylum claim to allow for a response from Sierra Leonean authorities to his application for an emergency travel document. He further sought bail, after having spent three years in custody for possessing false documents and in immigration detention. The Administrative Court granted an adjournment to enable the matter to be presented in a more orderly way and made an order for bail on the proposed conditions.
Sentence Imprisonment. The defendant was convicted of fraud offences, for which he was sentenced to two years' imprisonment. He was further sentenced to 12 months' imprisonment, to run consecutively, for breach of a suspended sentence order and the suspended sentence of 12 months' imprisonment was re-activated. The Court of Appeal, Criminal Division, in allowing the appeal, held that the 12 month term, to run consecutively to the main sentence, was too long and it was reduced to one of six months' imprisonment, to run consecutively.
Sentence Imprisonment. The defendant pleaded guilty to supplying a Class B controlled drug and producing a Class B drug and was sentenced to 27 months' imprisonment on each count, to run concurrently. The Court of Appeal, Criminal Division, in allowing the appeal, held that the sentence was manifestly excessive and substituted it with a sentence of 18 months' imprisonment, on each count, to run concurrently.
Sentence Imprisonment. The defendant pleaded guilty to manslaughter by reason of gross negligence in respect of her 12-month old baby, who had drowned after being left unattended in the bath. She appealed against a sentence of three years and nine months' imprisonment. The Court of Appeal, Criminal Division, held, in dismissing the appeal, that the sentence, whilst firm, could not properly be impugned as manifestly excessive.
Police Powers. The claimant was arrested, fingerprinted and photographed. He was not charged. He sought judicial review of the retention of his records on the Police National Computer. The Divisional Court held, inter alia, that the contention that the retention of the record of arrest on the PNC was unlawful was untenable.
Contempt of court Publications concerning legal proceedings. The Divisional Court held that, whilst the publication by the defendant in The Times newspaper of the previous conviction of a woman charged with the murder and attempted murder of two women had given rise to the potential risk of prejudice in the criminal trial, on the specific facts of the case, it had not been established to the criminal standard of proof that that risk would seriously have prejudiced the course of justice so as to establish a strict liability contempt pursuant to ss1 and 2 of the .
Employment Dismissal. The Employment Appeal Tribunal, in considering two appeals against findings of unfair dismissal by the employment tribunal gave guidance as to how a tribunal should deal with an unfair dismissal claim in circumstances where the employee concerned had received an earlier warning.
Police Negligence. The claimant suffered injuries after police officers had entered his home to execute a search warrant. He sought damages against the Metropolitan Police Commissioner for unlawful entry, assault, negligence and false imprisonment. The Queen's Bench Division upheld the negligence bases for damages, but found that the remaining bases for damages had not been established on the facts.