Source: All England Reporter
Publisher Citation: [2008] All ER (D) 226 (Jun)
Neutral Citation: [2008] EWCA Crim 1304
Court: Court of Appeal, Criminal Division
Judge:

Latham LJ, David Clarke and MacDuff JJ
Representation Graham Huston (assigned by the Registrar of Criminal Appeals) for the defendant.
  Jonathan Spicer (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 18 June 2008

Catchwords

Indictment - Joinder of charges - Charges founded on same facts - Police officers searching defendant's home - Officers finding drugs and firearms - Whether drugs and firearms counts properly joined on indictment - Whether case falling into category where factual connection established by coincidence of time and place - Virtual contemporaneity - Comparison with provisions permitting joinder of summary offence - Indictment Act 1915, s 4 - Indictment Rules 1971, r 9 - s 40.

The Case

In the instant case, where police officers found drugs and firearms at the defendant's home during a search, the counts of possessing Class A and C drugs with intent to supply and possession of a firearm when prohibited had been properly joined. The case fell into the category of case where the factual connection was established by the coincidence of time and place; and it had been just and convenient for the counts to be tried together. In dismissing the defendant's appeal against his conviction, the court considered the authorities as to r9 of the Indictment Rules 1971 and to s40 of the .

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