Stromberg v Regina: CACD 22 Mar 2018

The court looked at questions concerning the scope, availability and procedure surrounding the issue of a writ of venire de novo. ‘The issue we have to resolve is whether an application for a writ or order of venire do novo must be made in the course of application for leave to appeal against conviction (and then the subsequent appeal) brought under Part I of the 1968 Act or whether it can be made as a freestanding application, and thus unconstrained by the need for leave or any time limits.’
Held: A criminal conviction and sentence cannot be regarded as truly a ‘nullity’, since such conviction and sentence stand unless and until they have been quashed by the court.
The consequences of a failure to follow a procedural requirement are to be ascertained by reference to the presumed Parliamentary intention.


Lord Burnett of Maldon LCJ, Sweeney, William Davis JJ


[2018] EWCA Crim 561 (Rev 1




Criminal Appeal Act 1968


England and Wales

Cited by:

CitedLalchan, Regina v CACD 27-May-2022
Conviction withoiut required Consent was Unsafe
Whether a conviction for an offence which requires the consent of the Attorney General before the proceedings are instituted can stand when no such consent was obtained.
Held: The appellant’s arguments were well-founded and his conviction on . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 30 June 2022; Ref: scu.608708