The defendant appealed his conviction which had been obtained but based upon the evidence of a ‘super-grass’. His appeal failed, but the witness then withdrew his evidence. The matter was referred back to the court under the section, which then refused to hear on issues not mentioned in the referral.
Held: The Court of Appeal, when hearing a reference under the section, must deal with the whole case as if it were a normal appeal. However in this case the appeal would still not have succeeded. The rule that a phrase in a consolidating Act must be interpreted in the same way as it had been previously interpreted is not inflexible.
Judges:
Lords Scarman, Roskill and Templeman
Citations:
[1984] AC 279, [1983] 3 WLR 835
Statutes:
Criminal Appal Act 1968 17(1)(a)
Jurisdiction:
England and Wales
Citing:
Explained – Barras v Aberdeen Steam Trawling and Fishing Co HL 17-Mar-1933
The court looked at the inference that a statute’s draughtsman could be assumed when using a phrase to rely on a known interpretation of that phrase.
Viscount Buckmaster said: ‘It has long been a well established principle to be applied in the . .
Cited by:
Cited – Dunnachie v Kingston Upon Hull City Council CA 11-Feb-2004
Compensation for non-economic loss brought about by the manner of an unfair dismissal is, on authority and on principle, recoverable. The award of such compensation by the employment tribunal in the present case was not excessive and was adequately . .
Cited – A v Hoare; H v Suffolk County Council, Secretary of State for Constitutional Affairs intervening; X and Y v London Borough of Wandsworth CA 12-Apr-2006
Each claimant sought damages for a criminal assault for which the defendant was said to be responsible. Each claim was to be out of the six year limitation period. In the first claim, the proposed defendant had since won a substantial sum from the . .
Cited – Gallagher (Valuation Officer) v Church of Jesus Christ of Latter-Day Saints HL 30-Jul-2008
The House considered whether certain properties of the Church were subject to non-domestic rating. Various buildings were on the land, and the officer denied that some fell within the exemptions, and in particular whether the Temple itself was a . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 12 April 2022; Ref: scu.194794
