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176: Significant Cases of 2022

Law Pod UK

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Proportionality in a Criminal Case

Violence to the person which was accepted wouldn't be given protection of convention and damage to property wasn't seen as being a distinction important enough to decide outcome. They left that exception for minor criminal damage arising from political protest in terms of question two and three so clarifying the principles that should be applied. It is theoretically possible that cases involving minor or trivial damage to property heard in the magistrate's court could raise proportionality questions.

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