Thompson, R v

Thompson, R v

The court has power under s.5 of the Indictments Act 1915 to amend an indictment to add counts relating to matters arising after committal, provided that no injustice is caused to the defendant. In this case, there was no prejudice to the appellant, and the amendment was within the discretion of the trial judge.

Parties
Respondent: Regina; Appellant: Frederick George Thompson
Jurisdiction
England and Wales
Judgment Date
03 February 2011
Procedural Posture
Criminal Appeal / Appeal From Conviction After Trial
Outcome
Appeal dismissed; convictions upheld
Legal Topics
Amendment of Indictment, Addition of Counts Post Committal, Trade Marks Act Offences
Criminal Law Amendment of Indictment Addition of Counts Post Committal Trade Marks Act Offences

Case Brief

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Parties

Regina

Respondent

Frederick George Thompson

Appellant

Procedural Posture

Criminal Appeal / Appeal From Conviction After Trial

Legal Issues

  1. 1 Whether an indictment can be amended to add counts in respect of matters which have arisen after the date of the committal proceedings

Ratio Decidendi

The court has power under s.5 of the Indictments Act 1915 to amend an indictment to add counts relating to matters arising after committal, provided that no injustice is caused to the defendant. In this case, there was no prejudice to the appellant, and the amendment was within the discretion of the trial judge.

Court Disposition

Appeal dismissed; convictions upheld