Mote v R

Mote v R

The appellant's trial did not constitute an abuse of process as the waiver of immunity by the European Parliament was valid and covered all counts; amendments to the indictment were within jurisdiction; inconsistent verdicts did not render convictions unsafe; however, conviction under section 111A(1A) was unsafe due to lack of evidence of a relevant change of circumstances during the period in question.

Parties
Appellant: Ashley Mote; Respondent: R
Jurisdiction
England and Wales
Judgment Date
21 December 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
Appeal allowed in part; conviction on Count 8 quashed, convictions on other counts upheld.
Legal Topics
Benefit Fraud, False Accounting, Parliamentary Immunity, Abuse of Process, Indictment Amendment, Inconsistent Verdicts
Criminal Law European Law Social Security Law Benefit Fraud False Accounting Parliamentary Immunity Abuse of Process Indictment Amendment +1 more

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Parties

Ashley Mote

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellant's trial was an abuse of process due to unresolved claim of parliamentary immunity
  2. 2 Whether amendments to the indictment were outside the scope of the European Parliament's waiver and judge's jurisdiction
  3. 3 Whether inconsistent jury verdicts rendered convictions unsafe

Ratio Decidendi

The appellant's trial did not constitute an abuse of process as the waiver of immunity by the European Parliament was valid and covered all counts; amendments to the indictment were within jurisdiction; inconsistent verdicts did not render convictions unsafe; however, conviction under section 111A(1A) was unsafe due to lack of evidence of a relevant change of circumstances during the period in question.

Court Disposition

Appeal allowed in part; conviction on Count 8 quashed, convictions on other counts upheld.

Orders

  • Conviction on Count 8 quashed
  • Convictions on all other counts upheld