Gul v R

Gul v R

Non-compliance with paragraph 7 of Schedule 3 of the Crime and Disorder Act 1998 did not render the proceedings a nullity as the indictment was properly prepared and signed, the offences arose from the same facts as the indictable-only offence, and any procedural defect was curable and did not prejudice the appellant. Parliament did not intend that such non-compliance would automatically nullify the proceedings.

Parties
Appellant: Hamesh Gul; Respondent: R
Jurisdiction
England and Wales
Judgment Date
31 July 2012
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; application for leave to appeal against sentence refused.
Legal Topics
Indictment, Mode of Trial, Procedural Irregularity, Possession With Intent to Supply, Prison Offences
Criminal Law Procedure Indictment Mode of Trial Procedural Irregularity Possession With Intent to Supply Prison Offences

Case Brief

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Parties

Hamesh Gul

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether non-compliance with paragraph 7 of Schedule 3 of the Crime and Disorder Act 1998 rendered the proceedings a nullity
  2. 2 Whether the failure to consider summary trial vitiated the conviction

Ratio Decidendi

Non-compliance with paragraph 7 of Schedule 3 of the Crime and Disorder Act 1998 did not render the proceedings a nullity as the indictment was properly prepared and signed, the offences arose from the same facts as the indictable-only offence, and any procedural defect was curable and did not prejudice the appellant. Parliament did not intend that such non-compliance would automatically nullify the proceedings.

Court Disposition

Appeal against conviction dismissed; application for leave to appeal against sentence refused.

Orders

  • Conviction upheld
  • Application for leave to appeal sentence refused