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Blackstone's Criminal Practice 2021

Early September 2021

Welcome to the Blackstone’s Criminal Practice fortnightly updates. The following developments occurred between 16th – 31st August 2021.

Part B: Offences Part E: Sentencing

Part B Offences

B10 Terrorism, Piracy and Hijacking

B10.99 Dissemination of Terrorists: Sentence

R v Benmoukhemis [2021] EWCA Crim 1281: immediate custodial for sharing terrorist publication and graphic video sentence not manifestly excessive or wrong in principle.

Imposing an immediate custodial sentence on an individual who had shared links to a terrorist publication and graphic video through a messaging application was not manifestly excessive or wrong in principle. Imposing a community order instead would not reflect the gravity of serious terrorist offending.

B12 Offences Relating to Weapons

B12.50 Antique Firearms: Legal Position after the PCA 2017, s. 126, is in Force

Policing and Crime Act 2017 (Commencement No. 11 and Transitional Provisions) (Amendment) Regulations 2021 (SI 2021 No. 945): Amends the definition of “the transitional period” in the Policing and Crime Act 2017 (Commencement No. 11 and Transitional Provisions) Regulations 2021 (SI 2021 No. 282).

These Regulations amend the definition of “the transitional period” in the Policing and Crime Act 2017 (Commencement No. 11 and Transitional Provisions) Regulations 2021 (SI 2021 No. 282) to mean (a) in relation to vintage rifles, punt guns or shot guns with a bore greater than 10, the period of ten months beginning with the commencement date; (b) in all other cases, the period of six months beginning with the commencement date.


Part E Sentencing

E19 Confiscation Orders

E19.28 Making of Confiscation Order: Stage Two — Determination of Benefit from Criminal Conduct: ‘As a result of’

R v Asplin [2021] EWCA Crim 1313: inclusion of salary in the calculation of benefit obtained was not disproportionate.

Where three defendants had been convicted of a conspiracy to defraud their employer, confiscation orders against them, which included their salaries in the calculation of benefit obtained, were not disproportionate. The commission of the fraud meant that their employment, and hence their right to their salaries, was fundamentally flawed.

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