Parents had had charges brought against them by the appellant for failing to ensure the attendance of their child at school dismissed. The authority appealed.
Held: The authority should have considered more carefully whether it was appropriate to appeal. The lesser offence might have been made out if required in the interests of justice, but the authority had not requested that alternative.
Judges:
Thomas LJ, Fulford J
Citations:
Times 01-Nov-2004
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Fairbanks CACD 1986
The defendant complained that the judge had not left an alternate verdict of careless driving to the jury where he had been charged with driving a motor vehicle on the road recklessly.
Held: The conviction was quashed.
Mustill LJ said: . .
Cited – Regina v Maxwell CACD 1988
The defendant admitted paying two others to burgle his partner’s home, but said he had not anticipated violence, and appealed against his conviction for robbery, saying the judge should have left the alternative verdict to the jury. The jury, during . .
Cited – Regina v Maxwell HL 1990
The defendant had hired two men to enter his former partner’s house to commit robbery. It was his defence that he did not contemplate violence, and that he was only guilty of the offence of burglary. The prosecution would not add a count of burglary . .
Cited – Barnfather v London Borough of Islington Education Authority, Secretary of State for Education and Skills QBD 7-Mar-2003
The appellant was convicted of the crime of being a parent whose child had failed to attend school regularly. She challenged saying that the offence required no guilty act on her part, but was one of strict liability, and contrary to her human . .
Lists of cited by and citing cases may be incomplete.
Local Government
Updated: 30 April 2022; Ref: scu.220040
