[2009] EWCA Crim 389

Where conduct capable of founding a criminal charge but denied by the defendant was relevant to another charge being considered by a jury and where that conduct had been the subject of specific scrutiny at trial, then unless reliance on that conduct was inconsistent with a verdict, a judge could take it into account in relation to sentence, provided he was satisfied that it had been established to his satisfaction to the criminal standard.

CA (Crim Div) (Moses LJ, Hedley J, Judge Russell)

11/03/2009