The court considered its power on allowing an appeal after a plea of guilty to substitute a conviction for an appropriate lesser offence.
Held: Hughes LJ said that section 3A of the 1968 Act imposed a two stage test. The court considering substitution had to ask: (1) could the jury have convicted on the trial indictment of the substitute offence; and if it could, then (2) does the plea of guilty (to the offence to which the original plea was made), indicate an admission of facts proving the defendant guilty of the substitute offence?
Judges:
Hughes LJ, Field J, Sir Richard Curtis
Citations:
[2006] EWCA Crim 1974, [2007] Crim LR 79, [2007] 1 Cr App R 10
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Saik, Regina v HL 3-May-2006
The defendant appealed aganst his conviction for conspiracy to engage in moneylaundering. At trial he pleaded guilty subject to a qualification that he had not known that the money was the proceeds of crime, though he may have suspected that it . .
Cited by:
Cited – Suchedina v Regina; similar CACD 27-Oct-2006
Four defendants appealed convictions in money laundering cases. The first defendant operated a money exchange through which substantial volumes of cash were moved, but claimed that he believed the money to have been honestly acquired.
Held: . .
Applied – Regina v Lee CACD 24-Jun-2010
The defendant pharmacist faced a charge of supplying a medicinal product with a misleading label, an offence under section 85 of the 1968 Act. Working as a locum in a busy supermarket pharmacy she had signed off a mislabelled prescription. The . .
Cited – White v Regina CACD 15-Apr-2014
The defendant sought an extension of time for leave to appeal against his conviction for fraud. After his conviction there had been academic debate as to its basis, and the present application was not opposed. He had originally been charged under . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 23 March 2022; Ref: scu.270253