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Criminal Defence Blog

Revenge Porn – Up To Two Years Custody Under New Laws

Posted on: February 13th, 2015 by steve

New legislation will make it easier for cases of Revenge Porn to be prosecuted and, if convicted, you will face up to 2 years’ custody and a fine.

 

Revenge porn is the sharing of private photos or videos of a sexual nature of another person without that person’s consent and with the intention of causing distress.

 

Whilst often associated with online file sharing through social media, the offence applies to both online and offline sharing, so showing someone a physical photograph and sharing images or videos by text message will also become illegal.

 

A selection of eight police forces in England and Wales reported 149 allegations of revenge porn being made between 1 January 2012 and 1 July 2014. This number will only increase as more attention is given to the offence.

 

If you are charged with this offence, it is vital that you seek expert advice immediately. The background around the file sharing, and the context of the sharing, are vital in order to defend or mitigate your case, and preparation work will need to be undertaken immediately.

 

Contact us now for an initial free consultation on 01623 397200.

Sexsomnia: Is Sleepwalking A Defence For Sexual Offences?

Posted on: January 28th, 2015 by steve

Sexsomnia: Can Sleepwalking Be A Defence For Sexual Offences?

 

There has been recent media attention given to the use of sleepwalking as a defence against charges of rape and sexual assault.

 

What is Sexsomnia?

 

Sexsomnia is a recognized sleep disorder that causes the person, usually male, to carry out sexual acts ranging from sexual talking to sexual intercourse whilst asleep. The condition is usually first discovered during a person’s 20s or 30s, and typically sufferers of the condition have no recollection of the sexsomnia once awake. Sexsomniac incidents can be prompted by the mere presence of a person next to the sufferer, or the sufferer being nudged or touched as they sleep.

 

Can Sleepwalking Be A Defence for Sexual Offences?

 

These cases of sexsomnia (officially recognized as a sleep disorder in the International Classification of Sleep Disorders in 2005) are challenging and should not be entered into too quickly. Skilled case preparation and robust advocacy in court will be required if a sleepwalking defence is to be successful.

 

Sexsomnia as a defence falls within the area of automatism, meaning cases where a person totally lacked control of their body at the time of the offence not due to their own fault, and will be treated as such. Automatism is a defence available for all crimes. The defence of automatism requires that a judge must decide as a point of law whether there is the evidential basis for the defence to be presented. Expert reports will be required to establish this.

 

The judge will have to distinguish between insane automatism and non-insane automatism and decide which is appropriate in the case. Findings of insane automatism will result in a verdict of not guilty by reason of insanity and the defendant will be made subject to a hospital order, a supervision order or an absolute discharge. Findings of non-insane automatism will result in an acquittal.

 

If you believe that sexsomnia could be a defence against a sexual offence you are charged with, call us urgently on 01623 397200 for free initial advice.

Fraud Cases: Arboretum Sports (UK) Limited

Posted on: January 27th, 2015 by steve

Fraud Cases: Arboretum Sports (UK) Limited

 

Arboretum Sports (UK) Limited went into liquidation in December 2007. The company, which claimed to be an Arbitrage gambling scheme, is alleged to have been a Ponzi fraud scheme.

 

The Serious Fraud Office and Hampshire Police’s Serious and Organised Crime Group initially focused their attentions on David Gerald Dixon, who controlled the company and fled to the Far East to escape custody.

 

Mr Dixon has now been arrested by warrant and charged with thirteen multi-million pound fraud-related charges, comprising:

 

  • Four charges of contravening the general prohibition on carrying on a regulated activity contrary to sections 19 and 23 of the Financial Services and Markets Act 2000
  • Dishonestly concealing a material fact, contrary to section 397(1) and (2) of the Financial Services and Markets Act 2000
  • Three charges of making a statement, promise or forecast known to be materially misleading, false or deceptive, contrary to section 391(1) and (2) of the Financial Services and Markets Act 2000
  • Fraud by false representation, contrary to section 1(1) and section (2) of the Fraud Act 2006
  • Two charges of converting criminal property, contrary to section 327(1)(c) of the Proceeds of Crime Act 2002
  • Removing criminal property, contrary to section 327(1)(e) of the Proceeds of Crime Act 2002
  • Fraudulent trading, contrary to section 993(1) of the Companies Act 2006

 

His trial begins on 23 March, 2015 at Southwark Crown Court.

 

If you are being investigated in relation to Arboretum Sports (UK) Limited, it is vital that you seek urgent legal representation. It is not unusual for additional people to be investigated and charged either during or after an initial defendant’s trial.

 

Our legal team are here to help. Call us now for a free initial telephone consultation on 01623 397200.