A statutory conspiracy had been misdescribed as a common law conspiracy; the particulars of the offence were properly set out but a reference to the relevant statute was omitted.
Held: On appeal the defect was in fact favourable to the defendant and made not the slightest possible difference. There had been no miscarriage of justice and the proviso was applied.
Citations:
(1981) 72 Cr App R 111
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Graham, Kansal, etc CACD 25-Oct-1996
The court discussed when it was appropriate for the Court of Appeal to substitute other lesser convictions, after the main conviction had been declared unsafe.
Held: After studying the authorities at length, the court felt that the various . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 01 April 2022; Ref: scu.183245