Bangar, R. v [2019] EWCA Crim 1533 (28 August 2019)

Bangar, R. v [2019] EWCA Crim 1533 (28 August 2019)

The Court of Appeal lacked jurisdiction to quash the conviction for a summary offence as it was not an offence on indictment; the proper remedy was to quash the unlawful committal for sentence by way of judicial review, and to impose an absolute discharge for the summary offence.

Source-derived case information.

Citation
[2019] EWCA Crim 1533
Parties
Prosecution: Regina; Appellant: Ashwan Kumar Bangar
Jurisdiction
England and Wales
Judgment Date
28 August 2019
Procedural Posture
Criminal Appeal / Post Sentence, Correction of Prior Appellate Order
Outcome
Previous order quashing conviction withdrawn as ultra vires; unlawful committal quashed by judicial review; absolute discharge imposed for summary offence.
Legal Topics
Jurisdiction, Committal for Sentence, Summary Offences, Powers of Appellate Court
Criminal Law Judicial Review Jurisdiction Committal for Sentence Summary Offences Powers of Appellate Court

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Parties

Regina

Prosecution

Ashwan Kumar Bangar

Appellant

Procedural Posture

Criminal Appeal / Post Sentence, Correction of Prior Appellate Order

Legal Issues

  1. 1 Whether the Court of Appeal had jurisdiction to quash a conviction for a summary offence committed for sentence to the Crown Court
  2. 2 Whether the committal for sentence by the magistrates' court was lawful under section 6 of the Powers of Criminal Courts (Sentencing) Act 2000

Ratio Decidendi

The Court of Appeal lacked jurisdiction to quash the conviction for a summary offence as it was not an offence on indictment; the proper remedy was to quash the unlawful committal for sentence by way of judicial review, and to impose an absolute discharge for the summary offence.

Court Disposition

Previous order quashing conviction withdrawn as ultra vires; unlawful committal quashed by judicial review; absolute discharge imposed for summary offence.

Orders

  • Withdraw previous ultra vires order quashing conviction for summary offence.
  • Quash unlawful committal to Crown Court for sentence of criminal damage.