Leeks, R. v

Leeks, R. v

The conviction and sentence are quashed because no court order was made for amendment of the indictment as required by section 5(1) of the Indictments Act 1915, rendering the plea and conviction a nullity.

Parties
Respondent: Regina; Applicant: David Edward Leeks
Jurisdiction
England and Wales
Judgment Date
06 July 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction
Outcome
conviction and sentence quashed; leave to appeal granted
Legal Topics
Indictment Amendment, Nullity, Conviction Quashing, Leave to Appeal, Retrial
Criminal Law Procedure Indictment Amendment Nullity Conviction Quashing Leave to Appeal Retrial

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Respondent

David Edward Leeks

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether a conviction based on an amended indictment is valid when no court order for amendment was made under section 5(1) of the Indictments Act 1915
  2. 2 Whether the absence of endorsement under section 5(2) invalidates proceedings
  3. 3 Whether the plea and conviction are a nullity

Ratio Decidendi

The conviction and sentence are quashed because no court order was made for amendment of the indictment as required by section 5(1) of the Indictments Act 1915, rendering the plea and conviction a nullity.

Court Disposition

conviction and sentence quashed; leave to appeal granted

Orders

  • leave to appeal granted
  • conviction and sentence quashed