R v Seed; R v Stark [2007] EWCA Crim 254 - Case Study

This case study discusses the appeal case of R v Seed; R v Stark [2007] EWCA Crim 254. It examines the provisions of CJA 2003, the consideration of penalties, and the impact of prior convictions. The study also explains the differences between criminal and civil cases. References to relevant sources are provided.

lawSTUDENT DETAILS:

CASE STUDY 1
Case: R v Seed; R v Stark [2007] EWCA Crim 254
1. The case of : R v Seed; R v Stark [2007] EWCA Crim 254, was heard on appeal. It
was held that-
(i) CJA 2003, section 152(2) and section153 include provision that must to have
decreased number of prison.
(ii) At the time when jails are filled to capacity, the magistrates must bear the two
provisions in the mind while passing verdict.
(iii) Not like in the history, penalties are presently appropriately compulsory so must
be considered as proper fine.
(iv) the custody will normally be improper for the first time criminals, particularly if
they were juvenile (Satalkar, 2010).
2. It is held by the court of appeal that the nonappearance of the preceding conviction
was significant alleviation, which may create the custodial sentence improper, even if
custody threshold has crossed. The solicitor of the defendant can call character
witness to render proof as to prior excellent character. This is right to say in
alleviation that, to the side from imprisonment ordered by court, the defendant of until
now best character would have vanished the good name as result of being criminal
and would experience disgrace as the outcome. It would surely be the matter if the
defendant has esteemed place in the community. The court was imposed custodial
sentence (Ashworth, 2015).
3. The American legal system states the wrongdoing, which individuals do with 2
various kinds of matters such as civil case and criminal case. Crime is usually
offenses beside the state, and is therefore indicted by state. The civil matter on the
other hand, characteristically includes dispute between people in respect of the legal
liabilities and obligations. These matters are judges by civil lawsuit. The civil matters
normally include the private dispute between companies and individuals. Criminal
matters include the action, which is considered to be injurious to the society as the
complete. Even though criminal and civil cases are considered in a different way,
various individuals frequently fail to identify that the similar conducts may result in
criminal liability and civil liability (New Law Journal, 2007). Following are certain
key differences between the criminal case and a civil case-
 Crimes are considered offense in against of state, or society as the whole.
 Criminal crimes and civil crimes are usually different in respect of
the sentence.
 The proof standard is also very dissimilar in the criminal matter versus the
civil matter.
 Criminal matters almost permit for the trial by judges.
 The defendant in the criminal matter is permitted to the legal representative.
 The securities afforded to defendants under criminal law are substantial.
It is analysed by the judgement and part of the court that where the civil division of
court of appeal has appellate control in complete manner, the criminal division is
conceivably more correctly defined as the court of review (The Freedom Man Admin,
2013).

CASE STUDY 2
References
Ashworth, A. (2015). Sentencing and criminal justice. Cambridge: Cambridge University
Press.
New Law Journal (2007, March 16). Crime brief. Retrieved from
https://www.newlawjournal.co.uk/content/crime-brief-20
Satalkar, B. (2010, October 13). R v Seed R v Stark. Retrieved from
https://lexisweb.co.uk/cases/2007/february/r-v-seed-r-v-stark
The Freedom Man Admin (2013, March 27). Bigamy sentence – leading case law – Stark.
Retrieved from http://www.freedtom.com/bigamy-sentence-leading-case-law-stark/.