Rex v John Wilkes, Esq; 7 Feb 1770

References: [1770] EngR 34, (1770) 4 Burr 2527, (1770) 98 ER 327 (B)
Links: Commonlii
Ratio An information for a misdemearior may be amended the day before trial by a single Judge at chambers on hearing both sides aiid without the consent of the defendant.
On setting aside John Wilkes’ outlawry for publishing The North Briton, Lord Mansfield said that the law must be applied even if the heavens fell
This case cites:

  • See Also – John Wilkes, Esq -v- The King HL (Commonlii, [1768] EngR 2, (1768) Wilm 322, (1768) 97 ER 123)
    Mr Wilkes had been accused of making a seditious libel against the King. He had peaded not guilty, but then absconded after his conviction, but before his sentence. . .
  • See Also – John Wilkes -v- The King PC (Commonlii, [1769] EngR 25, (1769) 4 Bro PC 360, (1769) 2 ER 244)
    An information for an offence, is a surmise or suggestion upon record, on behalf of the King, to a Court of Criminal Jurisdiction, and is to all intents and purposes the King’s suit; and may be filed by tbe Solicitor General, during a vacancy of the . .

(This list may be incomplete)
This case is cited by:

  • Cited – PJS -v- News Group Newspapers Ltd SC (Bailii, [2016] UKSC 26, [2016] WLR(D) 272, WLRD, Bailii Summary)
    The appellants, had applied for restrictions on the publication of stories about extra marital affairs.The Court of Appeal had removed the restrictions on the basis that the story had been widely spread outside the jurisdiction both on the internet . .

(This list may be incomplete)

Last Update: 29-May-16
Ref: 374207