DPP v B [2008] All ER (D) 51 (Jan)
The defendant pleaded guilty to a single charge of sexual assault. He was committed for sentence. The crown court judge was of the opinion that the single count failed to reflect the criminality in question, and invited the prosecution to reconsider the charges that the defendant should face. The prosecution sought to add a further 17 charges at the magistrates’ court. The justices held this to be an abuse of process.
HELD In all the circumstances, the justices’ decision was irrational. The intervention by the judge was proper, to ensure that such charges were brought to enable an appropriate sentence to be imposed in the particular case.
The fact that the defendant was at risk of a much greater sentence did not make the laying of the additional charges unjust; he was not exposed to anything other than the appropriate sentence for the conduct admitted or proved at trial.
Proceedings should only be stayed as an abuse of process in very exceptional circumstances where it could properly be said that the consequence would be injustice or where the
