The defendant faced a charge of conspiracy to import Class A drugs. Detailed discussions had taken place between the prosecutor and defendant under which he had pleaded guity on a agreed basis of fact. The prosecutor then proceeded with a furthe money laundering charge. The defendant objceted that the prosecutor was now presenting as fact matters which conflicted with the agreed basis of the earlier plea. The prosecutor now appealed against a stay issued on the prosecution as an abuse of process.
Held: The prosecution case was wholly inconsistent with the basis upon which it had accepted the earlier plea, and it would be an abuse of process for the charges to be allowed to proceed. The appeal failed.
Pill LJ said that there might be cases where fresh evidence emerges and circumstances change so that it may sometimes be possible for the prosecution to circumvent a basis of plea to which they had previously agreed. However in this case it would be an abuse of process to do so.
Pill LJ
[2009] EWCA Crim 1483
Bailii
Criminal Justice Act 2003 67
England and Wales
Citing:
Cited – Connelly v Director of Public Prosecutions HL 1964
Plea of Autrefois Acquit is Narrow in Scope
The defendant had been tried for and acquitted of murder. The prosecution then sought to have him tried for robbery out of the same alleged facts. The House considered his plea of autrefois convict.
Held: The majority identified a narrow . .
Cited – Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1) HL 24-Jun-1993
The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities.
Held: The High Court may look at how an accused person was brought within the jurisdiction when . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 31 October 2021; Ref: scu.349054