| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 199 (Feb) |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Mance LJ, Hunt J and Judge Pitchers |
| Representation | Ben Stephenson (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Thomas Cleeve (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 16 January 2001 |
Catchwords
Criminal law - Arson - Bill of indictment - Preferment - Indictment containing counts upon which accused not committed - Counts 'founded on facts or evidence disclosed in… examination' before magistrates - Power of trial judge to decide whether counts properly included - Whether judge having erred in exercise of his discretion to prefer indictment - s 2(2).
The Case
The judge had not erred in exercising his discretion to prefer the indictment because whilst it contained charges relating to evidence in which the magistrates refused to commit, the magistrates' decision could only have been based on a consideration which was wrong in law and an affront to common sense.
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