The appellant was supported in his appeal by the Criminal Cases Review Commission. In addition the appellant sought to permission raise other grounds of appeal. The prosecution asserted that the court could filter the grounds of appeal already rejected by the Commission.
Held: The court could take any ground of appeal arising from the original case. An issue of jurisdiction raised in his case and decided against him had now been changed following the Manning case. However s 14(5) was clear, and once a reference had been made, the appellant could raise any issue allowed by that section. This was confirmed by Garner. The law might be better changed.
Judges:
Buxton LJ, Holman, Astill JJ
Citations:
Times 05-Dec-2002, Gazette 06-Feb-2003, [2003] 1 Cr App R 648
Statutes:
Criminal Appeal Act 1995 14(5)
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Manning CACD 23-Jul-1998
The accused dishonestly falsified a number of insurance cover notes which were said to be documents required for an accounting purpose, namely, those of the persons who had sought cover and to whom the cover notes were forwarded. The accused ran his . .
See Also – Regina v Smith (Wallace Duncan) (No 1) CACD 13-Nov-1995
In the offence of fraudulent trading, ‘creditors’ are those to whom money was owed, including future creditors, not just those who can presently sue. Deceptions practised in UK, but having their effect abroad are prosecutable here. The only feature . .
See Also – Regina v Smith, WD CACD 18-May-1999
The Court of Appeal Criminal Division has the discretion to adjourn an appeal, once it becomes clear that the point at issue was a point of law, which was itself the subject of a reference by the Criminal Cases Review Commission. . .
See Also – Smith (Wallace Duncan), Regina v (No 4) CACD 17-Mar-2004
The defendant appealed convictions for fraudulent trading and obtaining property by deception, saying that the English court could not prosecute an offence committed principally in the US.
Held: Provided some substantial element (here the . .
Cited by:
Cited – Poole and Mills v Regina CACD 17-Jun-2003
The case was a reference from the Criminal Cases Review Commission. The defendants had been convicted in 1990 of murder. The House of Lords had dismissed an earlier appeal. Police officers had allowed statements to be put forward which were false in . .
See Also – Smith (Wallace Duncan), Regina v (No 4) CACD 17-Mar-2004
The defendant appealed convictions for fraudulent trading and obtaining property by deception, saying that the English court could not prosecute an offence committed principally in the US.
Held: Provided some substantial element (here the . .
See also – Regina v Smith (Wallace Duncan) (No 1) CACD 13-Nov-1995
In the offence of fraudulent trading, ‘creditors’ are those to whom money was owed, including future creditors, not just those who can presently sue. Deceptions practised in UK, but having their effect abroad are prosecutable here. The only feature . .
See Also – Regina v Smith, WD CACD 18-May-1999
The Court of Appeal Criminal Division has the discretion to adjourn an appeal, once it becomes clear that the point at issue was a point of law, which was itself the subject of a reference by the Criminal Cases Review Commission. . .
Cited – Hamilton and Others v Post Office Ltd CACD 15-Jan-2021
Good Reason to Pursue Second Appeal
The appellants had been convicted of fraud against the Post Office. The Criminal Cases Review Commission referred their convictions on two grounds, namely abuse of process for the inability to provide a fair trial, and that the trial was an affront . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 05 October 2022; Ref: scu.178325