A, R. v

A, R. v

It would not be in the interests of justice to allow the appeal to go forward in this case, given the borderline nature of the evidence, the respondent's good character, the lack of seriousness of the offence, the disproportionate cost of a retrial, and the absence of public interest in a further prosecution.

Parties
Applicant: Crown Prosecution Service (CPS); Respondent/defendant: A
Jurisdiction
England and Wales
Judgment Date
02 September 2008
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Terminating Ruling
Outcome
leave to appeal refused; respondent acquitted
Legal Topics
Appeals Against Terminating Rulings, No Case to Answer, Interests of Justice, Fresh Trial Discretion
Criminal Law Appeals Against Terminating Rulings No Case to Answer Interests of Justice Fresh Trial Discretion

Case Brief

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Parties

Crown Prosecution Service (CPS)

Applicant

A

Respondent/defendant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Terminating Ruling

Legal Issues

  1. 1 Whether leave to appeal should be granted to the prosecution against a terminating ruling of no case to answer
  2. 2 What criteria should be applied in granting leave to appeal under s.58 Criminal Justice Act 2003

Ratio Decidendi

It would not be in the interests of justice to allow the appeal to go forward in this case, given the borderline nature of the evidence, the respondent's good character, the lack of seriousness of the offence, the disproportionate cost of a retrial, and the absence of public interest in a further prosecution.

Court Disposition

leave to appeal refused; respondent acquitted

Orders

  • Recorder's decision stands
  • Respondent acquitted of the offence