Peter Robert Storey, R (on the application of) v Crown Court at Leeds

Peter Robert Storey, R (on the application of) v Crown Court at Leeds

The claim for judicial review is not arguable with a realistic prospect of success because the Crown Court made clear and unassailable findings of fact, after hearing oral evidence and cross-examination, that the claimant was properly advised and made an informed election for summary trial. Judicial review is not available to challenge such findings or to reargue the merits.

Parties
Claimant: Peter Robert Storey; Defendant: Crown Court at Leeds; Interested Party: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
24 January 2023
Procedural Posture
Judicial Review / Permission Stage
Outcome
Permission for judicial review refused
Legal Topics
Mode of Trial, Right to Jury Trial, Summary Trial, Election of Trial Venue, Judicial Review Permission, Findings of Fact, Procedural Fairness
Criminal Law Judicial Review Criminal Procedure Mode of Trial Right to Jury Trial Summary Trial Election of Trial Venue Judicial Review Permission +2 more

Case Brief

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Parties

Peter Robert Storey

Claimant

Crown Court at Leeds

Defendant

Crown Prosecution Service

Interested Party

Procedural Posture

Judicial Review / Permission Stage

Legal Issues

  1. 1 Whether the claimant properly elected summary trial with full understanding of his rights and options
  2. 2 Whether the Crown Court's ruling refusing to vacate the election of summary trial was vitiated by procedural or substantive error
  3. 3 Whether the findings of fact by the Crown Court are susceptible to judicial review

Ratio Decidendi

The claim for judicial review is not arguable with a realistic prospect of success because the Crown Court made clear and unassailable findings of fact, after hearing oral evidence and cross-examination, that the claimant was properly advised and made an informed election for summary trial. Judicial review is not available to challenge such findings or to reargue the merits.

Court Disposition

Permission for judicial review refused

Orders

  • No order as to costs
  • Application for reimbursement of transcript fee refused