Adaway, R v

Adaway, R v

The prosecution was oppressive and unsupported by evidence of fraud or deliberate/persistent breach as required by the local authority's policy; the judge should have stayed the proceedings as an abuse of process. The conviction is quashed.

Parties
Respondent: Regina; Appellant: Glen Adaway
Jurisdiction
England and Wales
Judgment Date
03 November 2004
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal allowed; conviction quashed
Legal Topics
Abuse of Process, Trade Descriptions, Public Interest in Prosecution, Costs Orders
Criminal Law Consumer Protection Abuse of Process Trade Descriptions Public Interest in Prosecution Costs Orders

Case Brief

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Parties

Regina

Respondent

Glen Adaway

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the prosecution was an abuse of process due to failure to meet prosecutorial policy criteria
  2. 2 Whether the verdicts were inconsistent
  3. 3 Whether the judge's summing-up on mistake was adequate

Ratio Decidendi

The prosecution was oppressive and unsupported by evidence of fraud or deliberate/persistent breach as required by the local authority's policy; the judge should have stayed the proceedings as an abuse of process. The conviction is quashed.

Court Disposition

appeal allowed; conviction quashed

Orders

  • Local authority to pay £14,657 plus VAT for Magistrates' and Crown Court costs.
  • Local authority to pay £7,500 plus VAT for appeal costs.