Bangar, R. v

Bangar, R. v

The Court of Appeal had no jurisdiction to quash the conviction for a summary offence not on indictment; the committal for sentence was unlawful and must be quashed by judicial review, and an absolute discharge imposed for the summary offence.

Parties
Prosecution: Regina; Appellant: Ashwan Kumar Bangar
Jurisdiction
England and Wales
Judgment Date
28 August 2019
Procedural Posture
Criminal Appeal / Judgment on Appeal and Judicial Review
Outcome
previous order quashing conviction withdrawn; unlawful committal quashed; absolute discharge imposed
Legal Topics
Jurisdiction, Committal for Sentence, Powers of Appellate Court, Criminal Damage
Criminal Law Judicial Review Jurisdiction Committal for Sentence Powers of Appellate Court Criminal Damage

Case Brief

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Parties

Regina

Prosecution

Ashwan Kumar Bangar

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal and Judicial Review

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 of the summary offence was lawful

Ratio Decidendi

The Court of Appeal had no jurisdiction to quash the conviction for a summary offence not on indictment; the committal for sentence was unlawful and must be quashed by judicial review, and an absolute discharge imposed for the summary offence.

Court Disposition

previous order quashing conviction withdrawn; unlawful committal quashed; absolute discharge imposed

Orders

  • Withdraw previous ultra vires decision quashing conviction on summary charge
  • Quash unlawful committal to Crown Court for sentence of criminal damage