Rex v Marsham ex parte Pethick Lawrence: 1912

The magistrate had failed to swear a witness and purported to convict the applicant in that case. The case was reheard on sworn evidence.
Held: The court refused to quash the conviction. The magistrate correctly treated the first hearing as ‘a nullity’ because ‘it proceeded on evidence which must have compelled this court to quash the conviction had an application for that purpose been made.’

Lord Alverstone CJ
[1912] KB 362
England and Wales
Cited by:
FollowedBannister v Clarke 1920
The act of the justices in purporting to commit the appellant for trial on five informations was a nullity and thus did not deprive the justices of jurisdiction to hear those informations summarily at a subsequent date. . .
AppliedRegina v West 1964
The justices had purported to hear and determine an information of accessory after the fact of a larceny.
Held: The action was a nullity; and thus the defendant’s acquittal was also a nullity. The justices had therefore not exhausted their . .
CitedMathialagan, Regina (on the Application of) v London Borough of Southwark and Another CA 13-Dec-2004
Liability Orders were made against the appellant in respect of non-domestic rates in respect of two properties. The orders were made in the absence of the appellant or any representative. Application for judicial review was made to re-open the . .

Lists of cited by and citing cases may be incomplete.

Magistrates, Criminal Practice

Updated: 27 December 2021; Ref: scu.220277