Whilst the recent case of R v ATE Truck & Trailer Sales Limited provides a reminder to litigants that judges are not bound by parties’ agreed bases of plea, it also serves to point out that judges will not necessarily be correct to depart from them. Facts of the case The defendant allowed a scrap metal … Continue Reading
The recent UK Court of Appeal judgement in the case of R v Whirlpool UK Appliances Limited provides a useful analysis on the approach that courts should take when sentencing “very large organisations” under the Sentencing Council’s Definitive Guideline on Corporate Manslaughter, Health and Safety and Food and Safety Hygiene Offences (“the Guideline”).… Continue Reading
Introduction Five years after originally consulting the public, the Law Commission has recently published its report on reforming the common law criminal offences of public nuisance and outraging public decency. This note focuses on the proposed reforms to the offence of public nuisance. Public nuisance is unusual in so far as it is both a … Continue Reading
