Source: All England Reporter
Publisher Citation: [2005] All ER (D) 349 (Nov)
Court: Court of Appeal, Criminal Division

Moses LJ, Gibbs and Treacy JJ

Representation Mark Heywood (assigned by the Registrar of Criminal Appeals) for the defendant.
  Brian Hurst (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 25 November 2005


Criminal law - Trial - Plea - Prosecution successfully applying to add fresh count to indictment during course of trial - Defendant pleading guilty to fresh count - Jury being discharged - Whether proceedings amounting to a nullity.

The Case

In the instant case, defence counsel had abandoned his advised ground of appeal against conviction for arson being reckless as to whether life would be endangered in the light of R v Poole as it disposed of the argument that the judge's failure to take a verdict of guilty from the jury after the defendant's plea of guilty to a fresh count of the indictment. The court commented that the ground originally advanced had been based on the 2006 edition of Archbold, which had failed to reflect that authority or existing law on the issue.

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