header-logo header-logo

Criminal Litigation

01 February 2008
Issue: 7306 / Categories: Case law , Law digest
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll