McDermott-Mullane, R. v

McDermott-Mullane, R. v

The Crown Court had no jurisdiction to convict or sentence the applicant for the summary only offence of low value shoplifting where the defendant had not elected Crown Court trial and the main indictable offence had been withdrawn; the indictment was a nullity and the conviction and sentence must be quashed.

Parties
Prosecutor: Regina; Defendant: Danielle McDermott-Mullane
Jurisdiction
England and Wales
Judgment Date
20 December 2016
Procedural Posture
Criminal Appeal / Judicial Review / Appeal Against Sentence; Reconstituted as Judicial Review and Magistrates' Court Sentencing
Outcome
Conviction and sentence quashed; defendant resentenced as Magistrates' Court
Legal Topics
Jurisdiction, Low Value Shoplifting, Sentencing Powers, Indictment Nullity, Remittal to Magistrates' Court
Criminal Law Judicial Review Jurisdiction Low Value Shoplifting Sentencing Powers Indictment Nullity Remittal to Magistrates' Court

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Regina

Prosecutor

Danielle McDermott-Mullane

Defendant

Procedural Posture

Criminal Appeal / Judicial Review / Appeal Against Sentence; Reconstituted as Judicial Review and Magistrates' Court Sentencing

Legal Issues

  1. 1 Whether the Crown Court had jurisdiction to convict and sentence for a summary only offence of low value shoplifting where the defendant did not elect Crown Court trial
  2. 2 Whether the indictment was a nullity
  3. 3 Proper procedure for dealing with summary offences sent with indictable offences when the indictable offence is withdrawn

Ratio Decidendi

The Crown Court had no jurisdiction to convict or sentence the applicant for the summary only offence of low value shoplifting where the defendant had not elected Crown Court trial and the main indictable offence had been withdrawn; the indictment was a nullity and the conviction and sentence must be quashed.

Court Disposition

Conviction and sentence quashed; defendant resentenced as Magistrates' Court

Orders

  • Quashing order issued quashing both conviction and sentence imposed by the Crown Court
  • Court reconstituted as Magistrates' Court; defendant pleaded guilty and sentenced to four months' imprisonment for theft and three months' activation of suspended sentence, to run consecutively (total seven months)