Moulden, R. v (House Of Lords Pronouncement)

The House of Lords has no jurisdiction to hear an appeal from the Court of Appeal's refusal of leave to appeal, and thus no certificate should be granted.

Parties: Prosecution: Regina; Applicant: Leslie Moulden
Jurisdiction: England and Wales
Judgment Date: 16 February 2005
Procedural Posture: Criminal / Application for Certificate and Leave to Appeal to House of Lords
Outcome: application refused
Legal Topics: Appeals, Leave to Appeal, Jurisdiction, Confiscation Order

Criminal Law Appeals Leave to Appeal Jurisdiction Confiscation Order

Case Brief

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Parties

Regina

Prosecution

Leslie Moulden

Applicant

Procedural Posture

Criminal / Application for Certificate and Leave to Appeal to House of Lords

Legal Issues

1 Whether the House of Lords has jurisdiction to hear an appeal from refusal of leave to appeal by the Court of Appeal
2 Whether a certificate of a point of law of general public importance should be granted

Ratio Decidendi

The House of Lords has no jurisdiction to hear an appeal from the Court of Appeal's refusal of leave to appeal, and thus no certificate should be granted.

Court Disposition

application refused

Orders

Certificate for point of law of general public importance refused
Leave to appeal to House of Lords refused