Four Of Philip Rule's Cases Published In This Week's Solicitors' Journal And Current Archbold News

Fri, 27 May 2016

Parole Board delays result of systematic breach of duty:
Philip was leading No5's Varsha Jagadesham. View Varsha's profile here.

R (Hussain) v Parole Board of England and Wales (2016) 160 (19) S.J. 37; [2016] All ER (D) 224 (Feb); (also cited by A New Chapter for the Parole Board [2016] Crim.L.R. 379)
Established that: (1) the parole system is operating with unlawful delays in breach of the state’s duty to maintain a proper and lawful system; and that (2) the delay to a pre-tariff expiry parole hearing may often (and did in this case) amount to a violation of the ancillary obligation within Article 5 ECHR.

Trespass with intent to commit a sexual offence legal requirements:
R v Pacurar [2016] WLR (D); (2016) 160 (19) S.J. 37; CLW 16/19/3
Deciding whether it is necessary to specify the intended sexual offence in an allegation of trespass with intent to commit a relevant sexual offence, contrary to s63 of the Sexual Offences Act 2003.

R v O’Neill [2016] 4 Archbold Review 3
Philip was leading No5's Ramya Nagesh. View Ramya's profile here.
Successful appeal against conviction for an offence of breach of a non-molestation order contrary to section 42A of the Family Law Act 1996. Guidance as to the correct judicial direction and ingredient of “oppression” concerning an allegation that conduct is harassing.

R v Roberts and 12 others [2016] 4 Archbold Review 3
Guideline case issued by the Lord Chief Justice concerning out-of-time IPP (indeterminate imprisonment for public protection) sentence appeals.

View Philip's public law profile here and criminal law profile here.

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