Egan, R v [1996] EWCA Crim 973 (8 October 1996)

Egan, R v [1996] EWCA Crim 973 (8 October 1996)

The failure to formally appoint counsel under section 4A(2)(b) was not a material irregularity as the appellant was competently represented; the trial judge was not required to give the second limb of the Ghosh direction as the only issue before the jury was identity; the appellant was not entitled to legal aid as he was neither accused nor convicted under the relevant statutory provisions.

Citation
[1996] EWCA Crim 973
Parties
Appellant: Michael Egan; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
08 October 1996
Procedural Posture
Criminal Appeal / Appeal Against Finding of Fact Following Unfitness to Plead
Outcome
appeal dismissed; legal aid order quashed
Legal Topics
Insanity, Unfitness to Plead, Theft, Legal Aid Eligibility
Criminal Law Mental Health Law Insanity Unfitness to Plead Theft Legal Aid Eligibility

Case Brief

Summary, issues, holding and outcome

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Parties

Michael Egan

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Finding of Fact Following Unfitness to Plead

Legal Issues

  1. 1 Whether failure to formally appoint counsel under section 4A(2)(b) Criminal Procedure (Insanity) Act 1964 was a material irregularity
  2. 2 Whether the trial judge erred in not giving the second limb of the Ghosh direction on dishonesty
  3. 3 Whether appellant was entitled to legal aid under section 21 Legal Aid Act 1988

Ratio Decidendi

The failure to formally appoint counsel under section 4A(2)(b) was not a material irregularity as the appellant was competently represented; the trial judge was not required to give the second limb of the Ghosh direction as the only issue before the jury was identity; the appellant was not entitled to legal aid as he was neither accused nor convicted under the relevant statutory provisions.

Court Disposition

appeal dismissed; legal aid order quashed

Orders

  • purported grant of legal aid quashed
  • leave granted to apply for costs if Registrar cannot reimburse