Regina v Boal (Francis): CACD 3 Jun 1992

A temporary manager brought in for a week was not a responsible officer for fire precautions’ breaches. An appeal against conviction after a plea of guilty has been tendered will only be entertained in exceptional circumstances, for example where an appellant is without fault and has been deprived of what was, in all likelihood, a good defence in law. However, Simon Brown J said: ‘This decision should not be taken as a licence to appeal by anyone who discovers that following conviction (still less where there has been a plea of guilty) some possible line of defence has been overlooked. Only most exceptionally will this Court be prepared to intervene in such a situation. Only, in short, where it believes that the defence would quite probably have succeeded and concludes, therefore, that a clear injustice has been done.’

Judges:

Simon Brown J

Citations:

Gazette 03-Jun-1992, (1992) Cr App R 272

Statutes:

Fire Precautions Act 1971 7(4)

Jurisdiction:

England and Wales

Cited by:

CitedWhite 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.

Crime

Updated: 25 October 2022; Ref: scu.85730