S02E05 - (The) Sweeney




Northpod Law & UKCLB Podcasts show

Summary: Listen to the show here. Lyndon - on his own again - discusses Two of Mr Justice Sweeney’s recent cases: Denis MacShane and the Lee Rigby murder. Denis MacShane was sentenced to 6 months imprisonment on 23 December 2013; Lyndon looks at his case, the way in which the defence attempted to distinguish his from previous cases of MPs/Peers fraudulent expenses claims and whether or not it would have been ‘right’ to suspend the sentence.  Lyndon takes a brief look at the Lee Rigby case, what the defence was, why there was a trial and what the sentence might be. It will provide for an interesting sentencing exercise because Sweeney J has previously ruled that a whole life order  - the sentence that the two defendants are in line for - is unlawful due to a decision by the ECtHR (European Court). Finally, Lyndon takes a (very) brief look at Nigella’s complaints that she had not opportunity to rebut the allegations made against her in the recent trial of her two former assistants. Should the law provide for a method of redress where a witness’ character/reputation has been impeached, or, is it simply a case of ‘it ain’t all about you honey’?  Links: Denis Macshane  BBC News report Sentencing remarks Lee Rigby UK Criminal Law Blog report Jury nullification Nigella Matthew Scott’s blog post