REGINA v FIELD

REGINA v FIELD

The application to re-open the appeal was refused because the applicant failed to demonstrate any procedural unfairness, bias, or real injustice. The Full Court had properly addressed the legal and factual issues, and the applicant's arguments amounted to an attempt to reargue the merits, which is not permitted under Crim PR 36.15. The jurisdiction to re-open is extremely limited and was not engaged on the facts of this case.

Parties
Respondent: Regina; Applicant: Field (Benjamin Field)
Jurisdiction
England and Wales
Judgment Date
16 March 2022
Procedural Posture
Criminal Appeal / Application to Re Open Final Determination of Appeal Under Crim PR 36.15
Outcome
Application to re-open appeal refused
Legal Topics
Murder, Causation, Procedural Fairness, Bias, Finality of Judgments, Re Opening Appeals
Criminal Law Appellate Procedure Murder Causation Procedural Fairness Bias Finality of Judgments Re Opening Appeals

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Parties

Regina

Respondent

Field (Benjamin Field)

Applicant

Procedural Posture

Criminal Appeal / Application to Re Open Final Determination of Appeal Under Crim PR 36.15

Legal Issues

  1. 1 Whether the Court of Appeal should re-open its final determination of the applicant's appeal against conviction for murder under Crim PR 36.15
  2. 2 Whether there was procedural unfairness or bias in the appellate process
  3. 3 Whether the trial judge's directions on causation were legally correct

Ratio Decidendi

The application to re-open the appeal was refused because the applicant failed to demonstrate any procedural unfairness, bias, or real injustice. The Full Court had properly addressed the legal and factual issues, and the applicant's arguments amounted to an attempt to reargue the merits, which is not permitted under Crim PR 36.15. The jurisdiction to re-open is extremely limited and was not engaged on the facts of this case.

Court Disposition

Application to re-open appeal refused