The defendants appealed a conviction under the Act complaining of the adequacy of the evidence presented. A buyer had found dampness in a property. It was later remarketed by the defendant who asked if it suffered dampness. She was told it did not.
Held: ‘the informations each described the specific offence charged in ordinary language and gave sufficient particulars so that the appellant was provided with reasonable understanding of the nature and detail of the charges. ‘ and ‘if a defendant genuinely considers that lack of particularity in the information (as opposed, for instance, to a defect inherently fatal to the charge) has created the potential for unfairness e.g. because of uncertainty as to the case the defendant has to meet — this should usually be raised in advance of the trial, so that the court can consider the position. Deliberately deferring the issue until midway through the trial will usually make it materially more difficult for the defendant to complain that the trial is unfair. ‘
Judges:
Thomas LJ, Fulford J
Citations:
[2004] EWHC 2783 (Admin)
Links:
Statutes:
Property Misdescriptions Act 1991 1, Magistrates’ Courts (Advance Information) Rules 1985 4(1)(a), Property Misdescriptions (Specified Matters) Order 1992, Magistrates’ Court Rules 1981 100
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Galbraith CCA 1981
Rejection of Submission of No Case to Answer
The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction.
Held: Lord Lane LCJ said: ‘How then . .
Cited – Moran v Director of Public Prosecutions Admn 30-Jan-2002
The appellant had requested the magistrates to state a case as to why they had ruled against his submission that he had no case to answer. The established rule is that they do not have to give such reasons. He argued that the new Human Rights duties . .
Cited – Regina v Aylesbury Justices, Ex parte Wisbey 1965
If a defendant considers that the particulars provided in an information are insufficient the court has the power, at any time after the charge has been preferred, to require the prosecution to furnish him with better and more complete particulars. . .
Lists of cited by and citing cases may be incomplete.
Agency, Crime
Updated: 10 June 2022; Ref: scu.220180