Criminal Law Weekly Update

Richard M. Paige

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11/16/2025

Balancing Fair Trials and Sentencing in Recent Criminal Cases

In this week's Criminal Law update, we delve into the recent judgments from the Court of Appeal Criminal Division, exploring key issues in evidence admissibility, sentencing, and fair trial rights. The podcast focuses on the significant Scottish cases of Daly v His Majesty's Advocate and Keir v His Majesty's Advocate, where the Supreme Court examined the admissibility of a complainer’s past behaviour in sexual offence trials under the European Convention on Human Rights. We also review pivotal English cases such as R v Chamdal, which addresses the sentencing of environmental offences and highlights the complexities of strict liability. Further cases like R v UCS and R v TJ underscore the challenges in ensuring proportionality in sentencing, particularly involving young offenders and sexual offences. Finally, the podcast discusses the implications of R v Cunningham and others, which illustrates the critical importance of correct jury instructions in joint-enterprise situations. Together, these cases reflect a modern approach to criminal law, balancing the protection of vulnerable parties, rights respecting evidence practices, and ensuring fair trial principles are upheld. Cases referred to in this podcast: Daly v His Majesty's Advocate [2025] UKSC 38 Keir v His Majesty's Advocate [2025] UKSC 38 R v Chamdal [2025] EWCA Crim 1384 R v UCS [2025] EWCA Crim 1411 R v TJ [2025] EWCA Crim 1275 R v M&M Solicitors [2025] EWCA Crim 1450 R v Cunningham and others [2025] EWCA Crim 1361 Cases referred to in this podcast and earlier podcasts can be found at: https://drive.google.com/drive/folders/1HONdKkVUj26H1zeuukOd8R4eE6dPZleT?usp=share_link
11/15/2025

Balancing Justice: Proportionality, Consent, and Rehabilitation

This week's Criminal Law update touches on significant sentencing decisions from the Court of Appeal Criminal Division. The podcast covers a range of topics including the proportionality of driving disqualifications in R v Harry Miles Peters, the sequencing of uplifts and guilty-plea discounts in drug conspiracy cases, and the complexities concerning coercive behaviour in domestic settings as seen in R v David Sladden. It also delves into consent and the admissibility of evidence in sexual offences, specifically in R v John McNair, alongside the handling of multiple defendants in large-scale cases like R v Harley Scamp. The discussions reflect ongoing principles regarding rehabilitation, totality in sentencing, and the evolving landscape of consent law. The podcast aims to alert practitioners to these critical legal developments while reinforcing the balance between public protection and rehabilitation. R v Harry Miles Peters [2025] EWCA Crim 1327 R v Eimantas Gaidamavicias and Chanju Mphande [2025] EWCA Crim 1416 R v David Sladden [2025] EWCA Crim 1410 R v John McNair [2025] EWCA Crim 1376 R v Harley Scamp [2025] EWCA Crim 765 R v Poulson and others [2025] EWCA Crim 1241 R v Liam O'Pray [2025] EWCA Crim 1359 R v Kristos Vanyai-White [2025] EWCA Crim 1379 R v Eli Samuel Crook [2025] EWCA Crim 1395 R v Dean Noble [2025] EWCA Crim 1412 R v Connor Patrick Dillon [2025] EWCA Crim 1359 Cases referred to in this podcast and earlier podcasts can be found at: https://drive.google.com/drive/folders/1HONdKkVUj26H1zeuukOd8R4eE6dPZleT?usp=share_link
11/05/2025

Navigating Criminal Law: Insights on Evidence, Sentencing, and Costs

In this week's Criminal Law update, we delve into recent judgments from the Court of Appeal Criminal Division that highlight significant legal issues. We explore the intricate use of bad character evidence in joint trials, particularly focusing on section 101(1)(e) of the Criminal Justice Act. The evolving treatment of foreign convictions and good character directions presents another critical theme, alongside the nuanced approaches to sentencing in complex cases involving sexual offences and mental health considerations. Additionally, we assess the scope and application of sexual harm prevention orders, as well as updates on cost implications in private prosecutions. This episode reveals how the court balances evidential admissibility, sentencing principles, and the rights of defendants while safeguarding public interest. R v Nasir Al-Shumari [2025] EWCA Crim 1317 R v XBV [2025] EWCA Crim 1260 R v Lee James Thorpe [2025] EWCA Crim 1334 R v BDI and Others [2025] EWCA Crim 1314 R v Hedi Amri [2025] EWCA Crim 1295 R v Joshua Enodolomwanyi [2025] EWCA Crim 1295 R v Anthony Gates [2025] EWCA Crim 1313 R v HCF [2022] EWCA Crim 917 R v Jake Calow [2024] EWCA Crim 1863 Cases referred to in this podcast and earlier podcasts can be found at: https://drive.google.com/drive/folders/1HONdKkVUj26H1zeuukOd8R4eE6dPZleT?usp=share_link
10/18/2025

Balancing Justice: Sentencing and Mental Health in Criminal Cases

This weekly podcast offers a concise update on recent judgments from the Court of Appeal Criminal Division, addressing significant themes and issues arising from various cases. This episode discusses the balance between public protection and proportional punishment, the application of dangerousness and lead offence concepts, and the impact of mental health evidence on culpability. It also delves into the complexities surrounding foreign convictions and good character directions, as well as the evolving landscape of private prosecutions and associated costs. Each case highlights the necessity of careful calibration of culpability and harm, ensuring sentences are fair and reflect the unique circumstances presented. Cases referred to in this podcast: R v Joshua Enodolomwanyi [2025] EWCA Crim 1295 R v Lee Bergstrom [2025] EWCA Crim 1301 R v Maria Joao Goncalves [2025] EWCA Crim 1260 R v Jake Calow [2024] EWCA Crim 1863 R v BDI and Others [2025] EWCA Crim 1289 Cases referred to in this podcast and earlier podcasts can be found at: https://drive.google.com/drive/folders/1HONdKkVUj26H1zeuukOd8R4eE6dPZleT?usp=share_link
10/11/2025

Navigating Complexity: Recent Trends in Sentencing and Evidence

In this week's Criminal Law update, we cover crucial decisions from the Court of Appeal that shed light on significant issues within the legal framework. Notably, the court addressed the application of the Sexual Offences (Amendment) Act 1992 with regards to reporting restrictions and the admissibility of res gestae evidence in complex sexual abuse cases. We also delve into the treatment of res gestae in domestic violence situations where complainants do not provide live testimony, reaffirming its importance in ensuring justice is served. The podcast highlights varying approaches to sentencing, particularly in cases involving serious offences such as dangerous driving, sexual exploitation, and drug-related crimes, with considerations around personal circumstances, totality, and the treatment of guilty pleas. As we navigate these cases, we reveal how the court maintains a delicate balance between public protection, deterrence, and rehabilitation, all within the established sentencing guidelines. R v Keith Bunce [2025] EWCA Crim 1157 R v Sylvester Danilowski [2025] EWCA Crim 1279 R v Jack Douglas [2025] EWCA Crim 1158 R v Finley Wood [2025] EWCA Crim 1257 R v Lee Hargrave [2025] EWCA Crim 1233 R v Santosh Rai [2025] EWCA Crim 1224 R v Nathan Woods-Springer [2025] EWCA Crim 1267 R v Andre Mathurin [2025] EWCA Crim 1254 R v Kevin Kenyon [2025] EWCA Crim 1236 R v Kevin Kenyon [2025] EWCA Crim 1238 R v Jason Howells [2025] EWCA Crim 1237 R v Peter Masih [2025] EWCA Crim 1259 Cases referred to in this podcast and earlier podcasts can be found at: https://drive.google.com/drive/folders/1HONdKkVUj26H1zeuukOd8R4eE6dPZleT?usp=share_link
10/04/2025

Balancing Justice: Sentencing, Mental Health & Open Court Principles

In this week’s Criminal Law update, we examine significant rulings from the Court of Appeal regarding sentencing, procedural fairness, and the complexities of mental health in criminal justice. Highlights include the case of Harrison Lawrence Van-Pooss, where the court found flaws in sentencing following a tragic murder and sexual offence. We delve into the nuances of the manslaughter conviction of Mason Ibbotson and explore the implications of fresh evidence in the case of Gemma Brogan concerning modern slavery. The rulings also address contempt of court in Istvan Szobolloidi’s case, highlighting the importance of procedural safeguards, and the implications of mental health in the cases of Steven Gordon and Lurdită Baniulyte. Throughout the discussions, we stress the balance between protecting victims' anonymity rights and ensuring open justice, illustrating the judiciary's careful handling of these sensitive issues. R v Harrison Lawrence Van-Pooss [2025] EWCA Crim 1240 Mason Ibbotson v The Crown [2025] EWCA Crim 1221 R v ACR [2025] EWCA Crim 1220 Gemma Brogan v The Crown [2025] EWCA Crim 1208 Istvan Szobolloidi v The Crown [2025] EWCA Crim 1204 Steven Gordon v The Crown [2025] EWCA Crim 1194 Lurdită Baniulyte v The Crown [2025] EWCA Crim 1205 Cases referred to in this podcast and earlier podcasts can be found at: https://drive.google.com/drive/folders/1HONdKkVUj26H1zeuukOd8R4eE6dPZleT?usp=share_link
09/27/2025

Sentencing Insights: Balancing Culpability, Youth, and Justice

This weekly Criminal Law update covers key decisions from the Court of Appeal, highlighting significant themes in sentencing jurisprudence. The podcast explores pressing issues such as the boundaries of culpability, the impact of online activity in violent offences, and procedural correctness in sentencing. Notably, the cases discuss the application of youth sentencing principles, the handling of historical sexual offences, and the assessment of previously imposed sentences deemed unduly lenient. As legal practitioners grapple with evolving standards, the podcast underscores the delicate balancing act between accountability, public protection, and rehabilitation in a complex judicial landscape. Cases referred to in this podcast: The Crown v McIntyre [2025] EWCA Crim 1191 The Crown v Henderson [2025] EWCA Crim 1180 The Crown v Daniel Bostan [2025] EWCA Crim 1177 The Crown v Dhiya Al Maamoury [2025] EWCA Crim 1114 The Crown v Aaron Miah [2025] EWCA Crim 1100 The Crown v VPT [2025] EWCA Crim 1187 Cases referred to in this podcast and earlier podcasts can be found at: https://drive.google.com/drive/folders/1HONdKkVUj26H1zeuukOd8R4eE6dPZleT?usp=share_link
09/20/2025

Navigating Sentencing: Culpability, Guidelines, and Disqualifications

In this episode of the Criminal Law update, we delve into the implications of the Court of Appeal's ruling in the case of R v Martin Asolo-Ogugua [2025] EWCA Crim 1183. The decision highlights the intricacies of handling unduly lenient sentence references under section 36 of the Criminal Justice Act 1988. This case serves as a pivotal reminder of the importance of proper categorisation under offence-specific guidelines, particularly regarding culpability levels in serious driving offences. We explore how the court navigated aggravating factors—such as the vulnerability of the victim—and mitigating considerations, including the offender's demonstrated remorse and the impact of their background. The analysis reveals a structured approach to sentencing that rebuts the assumption that simple arithmetic can suffice in such complex cases, emphasising that each factor must be weighed within the established framework. Throughout the discussion, we underscore the foundational themes of criminal law practice while examining the nuances in the court's reasoning. R v Martin Asolo-Ogugua [2025] EWCA Crim 1183
09/13/2025

Navigating Bad Character Evidence and Sentencing for Youth Offenders

In this episode of the weekly Criminal Law update, we delve into the Court of Appeal's recent decisions on crucial evidential and sentencing issues. The case of Kurtaj against R highlights the challenges of admitting bad character evidence in circumstances where the defendant is found unfit to plead, showcasing the balance between probative value and the risk of prejudice. Moving to sentencing, Kyle Woods against R raises questions about the appropriateness of lengthy sentences for young offenders, emphasising the need for a nuanced application of the Children Guideline. The YAW against R and ACP against R cases examine the admissibility of prior false allegations in sexual offence trials, underscoring the stringent evidential standards required to ensure fairness. Finally, Evans against R explores the definition of public office in the context of prison officials and the associated responsibilities that can lead to criminal liability. Collectively, these cases articulate the Court of Appeal's commitment to fair procedural safeguards while navigating complex issues of criminal accountability. Kurtaj against R [2025] EWCA Crim 1163 Kyle Woods against R [2025] EWCA Crim 1154 YAW against R [2025] EWCA Crim 1143 ACP against R [2025] EWCA Crim 1140 Evans against R [2025] EWCA Crim 1150
09/07/2025

Balancing Justice: Sentencing Reforms and Trial Fairness Insights

In this week's Criminal Law update, we delve into significant developments from England and Wales. We start by analysing the Court of Appeal's decision in EAC against The Crown, a case that illuminates the complexities surrounding the treatment of vulnerable children, juror information, and sentencing practices. The Court's rigorous examination of the trial's fairness and findings regarding the appropriate length of custodial sentences raises important questions about judicial conduct and the impact of bias perceptions. We also reflect on the recently introduced Sentencing Bill and its Explanatory Notes, which propose sweeping reforms aimed at enhancing victim protection, expanding custodial sentence options, and modernising post-sentence management. This discussion emphasises how these changes may influence future sentencing practices in a landscape increasingly prioritising flexible and nuanced approaches to justice. EAC against The Crown, [2025] EWCA Crim 1135 Explanatory Notes to the Sentencing Bill, Bill 299
08/29/2025

Precision in Pleading: Updates on Indictments and Sentencing

In this week's episode of the Criminal Law Update, we navigate pivotal decisions from the Court of Appeal Criminal Division, exploring themes surrounding the precise articulation of indictment elements, the complexities in guiding juries on consent and age in sexual offences, and the nuances of sentencing within the framework of totality. Highlighted cases include discussions on the requirements for life sentences for young offenders, the intricacies of amendment in fraud cases to ensure fairness, and the importance of handling confessions and joint enterprise with care. We also touch on how legislative frameworks shape the New Youth Sentencing and the implications of reporting restrictions in criminal proceedings. This podcast serves to aid practitioners by illuminating the evolving landscape of criminal law while emphasising the necessity for precision and thoughtful guidance in the legal process. Cases discussed: Harrison [2022] EWCA Crim 323 Brown [2025] EWCA Crim 1086 Sharma [2025] EWCA Crim 1122 Prosper [2025] EWCA Crim 1111 Brzozowski [2025] EWCA Crim 1113 Debonsu [2025] EWCA Crim 959 Ashman [2025] EWCA Crim 1091 Grace [2025] EWCA Crim 1047 Miah [2025] EWCA Crim 1100 1256 EWCA Crim 1256 BXQ [2025] EWCA Crim 1088

11 Episodes

Barrister

Creator

Richard M. Paige
Years Active

2025
Episodes

11
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Clean
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Criminal Law Weekly Update