At his trial the judge had added another defendant to the indictment, on the basis that the indictment was defective under the Act. The defendant appealed his conviction. Held: The word ‘defective’ when used within the section included the idea of ‘lack’ or ‘want’, and such an amendment was permissible where no injustice would be … Continue reading Regina v Palmer: CACD 10 Apr 2002
The defendant appealed his convictions for offences relating to the claiming of benefits, saying that he was immune from prosecution as a member of the European Parliament, and that the verdicts were inconsistent with acquittals on other charges. Held: There had been no abuse of process in prosecuting the defendant whilst he was a member … Continue reading Mote v Regina: CACD 21 Dec 2007
Ashworth J said: ‘The argument for the appellants appeared to involve the proposition that an indictment, in order to be defective, must be one which in law did not charge any offence at all and therefore is bad on the face of it. We do not take that view. In our opinion, any alteration in … Continue reading Regina v Johal and Ram: 1972
Application for leave to appeal against conviction – validity of a count which was added to an indictment without the court making an order for amendment as required by section 5(1) of the Indictments Act 1915. [2009] EWCA Crim 1612, [2010] 1 Cr App Rep 5, [2010] Crim LR 641, [2010] RTR 16 Bailii Indictments … Continue reading Leeks, Regina v: CACD 6 Jul 2009
A count on an indictment alleging VAT offences which included charges both of understating outputs and making false input claims was defective in not allowing a jury to say clearly of which offence the accused was guilty. ‘the Court of Appeal had . .
