Lord Fraser said: ‘Whatever the position may be at a trial before a court of first instance, when it comes to procedure before quarter sessions sitting as an appeal court there is a clear distinction of principle between allowing an appeal against conviction after proceedings in which all the available evidence, so far as it is in the opinion of quarter sessions admissible, has been heard, and allowing it after proceedings which have been prematurely aborted, without all the available and admissible evidence having been heard, because of a ruling by the court on a preliminary point. The former is not liable to be quashed. The latter, which is this case, is liable to be quashed on the grounds stated in R v Ridgway, 1 DandR 132 and R v Clare Justices [1905] 2 IR 510’.
Judges:
Lord Fraser
Citations:
[1984] 1 WLR 980, [1984] Crim LR 293, (1984) 148 JP 335
Cited by:
Cited – Crown Prosecution Service, Regina (on the Application of) v Portsmouth Crown Court Admn 1-May-2003
The CPS appealed against dismissal of their case by the Crown Court after no representative had appeared at court to present the case. Counsel had two cases, and had asked this to be held pending completion of the other which then overran. Counsel . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 06 May 2022; Ref: scu.470922