O'Neil, R v
The conviction for escape was quashed because, on the agreed facts, the offence had not been committed in law, and the court's power to substitute a conviction for the summary offence under the Prisoners (Return to Custody) Act 1995 did not arise.
- Parties
- Applicant: James O'Neil; Respondent: Regina
- Jurisdiction
- England and Wales
- Judgment Date
- 14 November 2007
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Escape, Summary Offences, Plea of Guilty, Substitution of Conviction
Case Brief
Summary, issues, holding and outcome
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Parties
James O'Neil
Applicant
Regina
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether failure to return from home leave constitutes the offence of escape
- 2 Whether the court can substitute a conviction for the offence under the Prisoners (Return to Custody) Act 1995
Ratio Decidendi
The conviction for escape was quashed because, on the agreed facts, the offence had not been committed in law, and the court's power to substitute a conviction for the summary offence under the Prisoners (Return to Custody) Act 1995 did not arise.
Court Disposition
appeal allowed
Orders
- conviction quashed
Full Case Text
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