The 1995 Act will not permit the Court of Appeal to allow an appeal where a conviction was safe but there was a substantial procedural unfairness. In order to understand the role of pre-1 January 1996 jurisprudence in applying what is now the current test it is important to understand what was meant by a plea of guilty being ‘founded upon’ a ruling. There are two possibilities. The first is where, in the light of the admitted facts, the erroneous ruling left the defendant at trial with no legal basis for a verdict of not guilty. The second and broader meaning of the expression ‘founded upon’ in this context is ‘influenced by’ — that is, where a plea of guilty was influenced by an erroneous ruling of law. It is only where an erroneous ruling of law, coupled with the admitted facts made acquittal legally impossible that a plea of guilty can properly be said to have been ‘founded upon’ the ruling so as to enable a successful appeal against conviction. The fact that an erroneous ruling of law as to the admissibility of certain prosecution evidence drives a defendant to plead guilty because it makes the case against him factually overwhelming will not do. It does not make it impossible for him to maintain his innocence as a matter of law or of fact, it merely makes it harder.’
Judges:
Auld LJ, Kennedy, Blofield JJ
Citations:
Times 19-Jan-1998, Gazette 04-Feb-1998, [1998] QB 848, [1997] EWCA Crim 3416, [1998] 3 WLR 146, [1998] 2 Cr App R 79
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Christie v Leachinsky HL 25-Mar-1947
Arrested Person must be told basis of the Arrest
Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the . .
Cited by:
Cited – Regina v Hewitson, Bramich, Vincent CACD 24-Sep-1998
The defendants appealed their conviction after admission of evidence taken from secret tape recordings taken from a recording device hidden in the garage of one of the defendants.
Held: The evidence had been properly admitted. It was not . .
Cited – Asiedu v Regina CACD 30-Apr-2015
Renewed application for leave to appeal against his conviction for conspiracy to cause explosions likely to endanger life or to cause serious injury to property.
Lord Hughes referred to the general rule that, once a defendant has admitted facts . .
Cited – M Najib and Sons Ltd v Crown Prosecution Service CACD 26-Apr-2018
The company appealed against its conviction under the 2010 Regulation for failing to provide the required assistance for the taking of samples by an inspector. The company admitted the facts but said that the cost of compliance was too high, and . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 07 October 2022; Ref: scu.152871
