Fitzgerald, R. v [2003] EWCA Crim 576 (05 March 2003)

Fitzgerald, R. v [2003] EWCA Crim 576 (05 March 2003)

The appeal against conviction was dismissed because the appellant suffered no unfairness or prejudice from the late introduction of the section 5(2) charge, and the jury's verdict could be treated as a verdict on a separate count. The appeal against sentence was dismissed as the sentence was appropriate and in line with authority for passport offences.

Citation
[2003] EWCA Crim 576
Parties
Prosecution: The Queen; Appellant: John Cornelius Fitzgerald
Jurisdiction
England and Wales
Judgment Date
05 March 2003
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
appeal dismissed
Legal Topics
Forgery, False Instruments, Appeal Procedure, Sentencing
Criminal Law Forgery False Instruments Appeal Procedure Sentencing

Case Brief

Summary, issues, holding and outcome

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Parties

The Queen

Prosecution

John Cornelius Fitzgerald

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether section 5(2) of the Forgery and Counterfeiting Act 1981 can be treated as an alternative verdict under section 6(3) of the Criminal Law Act 1967 to section 5(1)
  2. 2 Whether the appellant was prejudiced by the late introduction of the section 5(2) offence
  3. 3 Whether the sentence imposed was appropriate

Ratio Decidendi

The appeal against conviction was dismissed because the appellant suffered no unfairness or prejudice from the late introduction of the section 5(2) charge, and the jury's verdict could be treated as a verdict on a separate count. The appeal against sentence was dismissed as the sentence was appropriate and in line with authority for passport offences.

Court Disposition

appeal dismissed

Orders

  • Appeal against conviction dismissed
  • Appeal against sentence dismissed