The trial had proceeded on an indictment which was invalid because it improperly contained unrelated counts. The defendant having pleaded guilty appealed.
Held: The proviso could not be applied, and the appeal must succeed. While recognising that there was no merit in the appeal at all, the appellant having pleaded guilty, his appeal was allowed and his conviction quas-hed.
The framing of a correct indictment is a task for counsel.
[1988] QB 402, [1988] 2 WLR 382
Indictments Act 1915 5(3), Indictmet Rules 1971 (1971 no 1253) 9
England and Wales
Cited by:
Cited – Clarke, Regina v; Regina v McDaid HL 6-Feb-2008
An indictment had not been signed despite a clear statutory provision that it should be. The defects were claimed to have been cured by amendment before sentence.
Held: The convictions failed. Sections 1(1) and 2(1) of the 1933 Act which . .
These lists may be incomplete.
Updated: 12 July 2021; Ref: scu.267620