Hammond & Anor, R v

Hammond & Anor, R v

Section 2(3) of the Prevention of Corruption Act 1906 does not apply to conspiracy charges where prosecution is not commenced by information; the trial judge took sufficient steps to ensure fairness for Rybak and Hammond, and the convictions are safe.

Parties
Prosecutor: Regina; Applicant: Philip Hammond; Appellant: Andrew Rybak
Jurisdiction
England and Wales
Judgment Date
12 December 2013
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed, applications refused
Legal Topics
Conspiracy to Corrupt, Self Representation, Procedural Requirements, Jury Directions
Criminal Law Conspiracy to Corrupt Self Representation Procedural Requirements Jury Directions

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Parties

Regina

Prosecutor

Philip Hammond

Applicant

Andrew Rybak

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether section 2(3) of the Prevention of Corruption Act 1906 applies to conspiracy charges
  2. 2 Whether the trial judge failed to ensure fairness for an unrepresented defendant
  3. 3 Whether Hammond's defence was prejudiced by Rybak's self-representation

Ratio Decidendi

Section 2(3) of the Prevention of Corruption Act 1906 does not apply to conspiracy charges where prosecution is not commenced by information; the trial judge took sufficient steps to ensure fairness for Rybak and Hammond, and the convictions are safe.

Court Disposition

appeal dismissed, applications refused

Orders

  • representation order granted for Mr Holland for the day