The prosecution indicated that they would be prepared to accept a plea to a lesser charge than causing death by dangerous driving, namely careless driving. After comments from the judge, another prosecutor took over the case and the charge reverted. The defendant claimed this was an abuse of process.
Held: The defendant had known from the outset that the judge was unhappy with the lesser charge. Only a short time had passed, and he had not been prejudiced. Appeal dismissed.
Judges:
Rose LJ, Silbert, Fulford JJ
Citations:
Times 20-Jun-2003
Jurisdiction:
England and Wales
Citing:
Distinguished – Regina v Bloomfield CACD 25-Jun-1996
It was an abuse of process to proceed with a prosecution in the face of an unequivocal statement by counsel for the Crown to the Court that the prosecution would tender no evidence. There was no change of circumstances which might have justified . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 02 September 2022; Ref: scu.183872
