Gowans, R v

Gowans, R v

The failure to obtain the Attorney-General's consent for prosecution under the Law Reform (Year and a Day Rule) Act 1996 vitiates the entire trial, requiring the conviction and judgment to be set aside and annulled, and a new trial to be ordered.

Parties
Prosecution: Regina; Appellant: Paul Gowans; Appellant: Barry Kenneth Hillman
Jurisdiction
England and Wales
Judgment Date
07 May 2015
Procedural Posture
Criminal Appeal / Judgment on Reference by Criminal Cases Review Commission
Outcome
conviction and judgment set aside; new trial ordered
Legal Topics
Murder, Attorney General's Consent, Law Reform (year and a Day Rule) Act 1996, Nullity of Proceedings, Venire De Novo
Criminal Law Murder Attorney General's Consent Law Reform (year and a Day Rule) Act 1996 Nullity of Proceedings Venire De Novo

Case Brief

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Parties

Regina

Prosecution

Paul Gowans

Appellant

Barry Kenneth Hillman

Appellant

Procedural Posture

Criminal Appeal / Judgment on Reference by Criminal Cases Review Commission

Legal Issues

  1. 1 Whether failure to obtain Attorney-General's consent vitiates murder conviction
  2. 2 Whether a venire de novo (new trial) should be ordered or retrial barred

Ratio Decidendi

The failure to obtain the Attorney-General's consent for prosecution under the Law Reform (Year and a Day Rule) Act 1996 vitiates the entire trial, requiring the conviction and judgment to be set aside and annulled, and a new trial to be ordered.

Court Disposition

conviction and judgment set aside; new trial ordered

Orders

  • Conviction and judgment annulled.
  • New trial to take place on murder charge.