Archive for the 'indictments' Category

Regina v Grout – WLR Daily

“Care had to be taken when drafting a count in an indictment alleging an offence contrary to section 8(1) of the Sexual Offences Act 2003 because that section created at least two separate offences: (i) causing a child under 13 to engage in sexual activity and (ii) inciting a child under 13 to engage in a sexual activity.”
WLR Daily, 3rd March 2011
 
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v B (F); Same v P (A); Same v C (J) – WLR Daily

Regina v B (F); Same v P (A); Same v C (J) [2010] EWCA Crim 1857; [2010] WLR (D) 21

“A judge sitting in the Crown Court had no power to quash an indictment simply because he did not believe that the proceedings were appropriately brought or were not in the public interest when compared with his assessment of the needs of other cases and that had not changed as a result of the introduction of the Criminal Procedure Rules 2010.”

WLR Daily, 30th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R v Leeks – WLR Daily

R v Leeks [2009] WLR (D) 220

“The failure to endorse an order amending an indictment would amount to a fundamental error if the court had failed positively to exercise its discretion to make such an order.”

WLR Daily, 8th July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Briggs-Price – Times Law Reports

Regina v Briggs-Price

House of Lords

“A confiscation order could be made against a convicted drug trafficker in respect of benefit received from other drug trafficking which had not been charged on the indictment but which had been established by evidence during the trial.”

The Times, 30th April 2009

Source: www.timesonline.co.uk

R v Goldshield Group plc and others – WLR Daily

R v Goldshield Group plc and others [2008] UKHL 17; [2008] WLR (D) 388

An allegation of price fixing carried out in circumstances of secretive and deceptive behaviour was insufficient of itself to found a charge of conspiracy to defraud. It was necessary to isolate and charge specific aggravating elements which would elevate price fixing into an indictable conspiracy to defraud.”

WLR Daily, 16th December 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


Regina v Moulden – Times Law Reports

Regina v Moulden

Court of Appeal (Criminal Division)

“The words ‘proceedings before the crown court’ in section 6(2)(a) of the Proceeds of Crime Act 2002 meant proceedings under a single indictment. The expression did not cover everything, in whatever form, before the court on the date when sentence was to be imposed.”

The Times, 26th November 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R v Moulden – WLR Daily

R v Moulden [2008] EWCA Crim 2561; [2008] WLR (D) 352

“In s 6(2)(a) of the Proceeds of Crime Act 2002, the words ‘proceedings before the Crown Court’ meant proceedings under a single indictment. The expression did not cover everything, in whatever form, before the court on the date sentence was to be imposed.”

WLR Daily, 12th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

‘Illiterate’ worker angers judge – BBC News

“An angry judge has branded a prosecution worker an ‘illiterate idiot’ after spotting several spelling mistakes in an indictment.”

Full story

BBC News, 12th August 2008

Source: www.bbc.co.uk

Regina v Hodgson; Regina v Pollin – Times Law Reports

Regina v Hodgson; Regina v Pollin

Court of Appeal

“Where appellants had originally been charged with attempted murder but after discussion agreed to admit a lesser charge, the fact that ‘intent’ was omitted from the indictment was not a fatal flaw.”

The Times, 30th April 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina v Plant – Times Law Reports

Regina v Plant

Court of Appeal (Criminal Division)

“Where a summary offence was tried with an indictable offence in the crown court but there was no case to answer on the indictable offence, the summary offence did not have to be withdrawn from the jury and retried before justices.”

The Times, 21st April 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina v Marchese – Times Law Reports

Regina v Marchese

Court of Appeal (Criminal Division)

“The fact that a count in an indictment was duplicitous would not lead to the quashing of a conviction if, on the facts, the duplicity had not caused any injustice to the defendant. ”

The Times, 6th March 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R v Clarke; R v McDaid – WLR Daily

R v Clarke; R v McDaid [2008] UKHL 8; [2008] WLR (D) 31

“Where for most of a criminal trial there had been no signed indictment the proceedings had been invalid.”

WLR Daily, 6th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regins v Clarke Regina v McDaid – Times Law Reports

Regina v Clarke; Regina v McDaid

House of Lords

“Where there had been no signed indictment during most of a criminal trial, the proceedings were invalid.”

The Times, 7th February 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Practice Direction (Amendment No 17 to Consolidated Criminal Practice Direction: Arraignment In Two-stage Trials) – WLR Daily

Practice Direction (Amendment No 17 to Consolidated Criminal Practice Direction: Arraignment In Two-stage Trials)

The text of a new Pt IV.34 on Settling the Indictment, which was to be substituted for the existing Pt IV.34 on Settling the Indictment, in Practice Direction (Criminal Proceedings: Consolidation) [2002] 1 WLR 2870 (‘the consolidated criminal practice direction’) was set out. The amendment was to take effect on 3 December 2007.”

WLR Daily, 3rd December 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (El-Kurd) v. Sakavickas and another – WLR Daily

R (El-Kurd) v. Sakavickas and another; R v. Rana Singh [2007] EWCA Crim 1888

“Where a judge had misdirected a jury owing to a defect in the indictment and the misdirection went to the heart of the issue between the defendant and the Crown, the conviction would be unsafe even if the indictment could have been amended so that the facts relied on would amount to the offence charged, and even where the case against the defendant was very strong.”

WLR Daily, 26th July 2007

Source: www.lawreports.co.uk

Please note once a case has bee fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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