Barker & Ors, R v

Barker & Ors, R v

The late amendment to the indictment was not of substance and was not made with the intent to defeat submissions of no case to answer. The deficiencies in investigation and disclosure did not render a fair trial impossible. The refusal to sever counts was within judicial discretion as no prejudice was shown.

Parties
Respondent: R; Appellant: Barker; Appellant: Chudasama; Appellant: Chauhan; Appellant: Ahmed; Appellant: Croft
Jurisdiction
England and Wales
Judgment Date
06 April 2017
Procedural Posture
Criminal Appeal / Interlocutory Appeal Against Refusal to Stay Proceedings and Refusal to Sever Indictment
Outcome
appeal dismissed; permission to appeal refused
Legal Topics
Abuse of Process, Amendment of Indictment, Severance of Counts, Fair Trial, Judicial Discretion
Criminal Law Abuse of Process Amendment of Indictment Severance of Counts Fair Trial Judicial Discretion

Case Brief

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Parties

R

Respondent

Barker

Appellant

Chudasama

Appellant

Chauhan

Appellant

Ahmed

Appellant

Croft

Appellant

Procedural Posture

Criminal Appeal / Interlocutory Appeal Against Refusal to Stay Proceedings and Refusal to Sever Indictment

Legal Issues

  1. 1 Whether the late amendment to the indictment and subsequent discharge of the jury amounted to an abuse of process
  2. 2 Whether the defendants could receive a fair trial after the amendment and discharge
  3. 3 Whether the refusal to sever counts on the indictment was correct

Ratio Decidendi

The late amendment to the indictment was not of substance and was not made with the intent to defeat submissions of no case to answer. The deficiencies in investigation and disclosure did not render a fair trial impossible. The refusal to sever counts was within judicial discretion as no prejudice was shown.

Court Disposition

appeal dismissed; permission to appeal refused

Orders

  • Appeal against refusal to stay proceedings dismissed
  • Permission to appeal refusal to sever indictment refused