Site icon swarb.co.uk

Regina v Berry (No 3): CACD 1993

If there are several grounds of appeal, the Court of Appeal can decide whether the other grounds are to be considered.
The Court of Appeal is to note any unresolved issues after a case has decided on one point only.
Lord Taylor CJ considered how lengthy protraction of proceedings, such as had occurred in that case, could be avoided in the future. He observed:
‘If one of a number of grounds of appeal appears well-founded, this Court not infrequently indicates that it will allow the appeal on that ground without hearing argument on the others. This is a desirable option in the interests both of the speedy and economical disposal of the instant case and of enabling other appellants’ cases to come on.’

Judges:

Lord Taylor of Gosforth LCJ

Citations:

Times 19-Oct-1993, Independent 06-Oct-1993, [1995] 1 WLR 1

Jurisdiction:

England and Wales

Cited by:

CitedRegina v G; Regina v J HL 4-Mar-2009
G was to stand trial for possession of articles useful for terrorism. Whilst in prison, he collected and created diagrams and information and prepared plans to bomb a local army centre. When arrested he said he had done so to upset the prison . .
CitedHamilton and Others v Post Office Ltd CACD 15-Jan-2021
Good Reason to Pursue Second Appeal
The appellants had been convicted of fraud against the Post Office. The Criminal Cases Review Commission referred their convictions on two grounds, namely abuse of process for the inability to provide a fair trial, and that the trial was an affront . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Crime

Updated: 05 October 2022; Ref: scu.314315

Exit mobile version