Overseas Decisions Bulletin



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Held (7:0): Appeals allowed.

Criminal Law
Wilson v The Queen

Supreme Court of the United Kingdom: [2015] NZSC 189.
Judgment delivered: 14 December 2015.
Coram: Elias CJ, William Young, Glazebrook, Arnold and Blanchard JJ.
Catchwords:
Criminal law – Police misconduct – Where there was police misconduct in respect of an undercover investigation – Where appellant was prosecuted and convicted following a plea of guilty – Whether police conduct amounted to an abuse of process – Whether conviction and sentence should be set aside.
Held (5:0): Appeal allowed.

R v Harvey

Supreme Court of the United Kingdom: [2015] UKSC 73.
Judgment delivered: 16 December 2015.
Coram: Lord Neuberger, Lord Mance, Lord Reed, Lord Hughes and Lord Toulson.
Catchwords:
Criminal law – Proceeds of Crime – Whether VAT should be included in an aggregate turnover for the relevant period for the purpose of a confiscation order.
Held (3:2): Appeal allowed.

Macklin v Her Majesty’s Advocate (Scotland)

Supreme Court of the United Kingdom: [2015] UKSC 77.
Judgment delivered: 16 December 2015.
Coram: Lord Neuberger, Lady Hale, Lord Sumption, Lord Reed, Lord Hughes, Lord Toulson and Lord Gill.
Catchwords:
Criminal law – Evidence – Non-disclosure by the Crown – Where the Crown failed disclose evidence – Where Crown relied on dock identification evidence – Whether judge misdirected jury with respect of the dangers of dock identification evidence – Whether Crown acted in manner incompatible with Art 6(1) of the European Convention on Human Rights.
Held (7:0): Appeal dismissed.

R v Lacasse

Supreme Court of Canada: 2015 SCC 64.
Judgment delivered: 17 December 2015.
Coram: McLachlin CJ, Abella, Moldaver, Karakatsanis, Wagner, Gascon and Cote JJ.
Catchwords:
Criminal law — Sentencing — Appeals — Powers of Court of Appeal — Court of Appeal reducing sentence of imprisonment from six and a half to four years — Whether Court of Appeal erred in substituting sentence it considered appropriate for one imposed by trial judge, primarily on basis that trial judge had deviated from sentencing range established by courts for impaired driving offences — Criminal Code, R.S.C. 1985, c. C‑46 , s. 687.
Criminal law — Sentencing — Considerations — Impaired driving causing death — Whether it was open to trial judge to consider frequency of impaired driving in region where offence was committed as relevant sentencing factor — Whether length and other terms of driving prohibition imposed by trial judge were appropriate — Criminal Code, R.S.C. 1985, c. C‑46 , ss. 259(2) (a.1 ), 718 to 718.2.
Held (5:2): Appeal allowed.

R v Riseberry

Supreme Court of Canada: 2015 SCC 65.
Judgment delivered: 18 December 2015.
Coram: Cromwell, Moldaver, Karakatsanis, Wagner, Gascon, Cote and Brown JJ.
Catchwords:
Criminal law — Offences — Elements of offence — Cheating at play — Fraud — Accused attempted to rig horse races by drugging horses — Whether horse race constituted a game for purposes of offence of cheating at play — Whether accused’s conduct constituted cheating at play or fraud — Criminal Code, R.S.C. 1985, c. C‑46 , ss. 197(1) “game”, 209, 380(1).
Held (7:0): Appeal dismissed.





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