Dowty, R. v [2011] EWCA Crim 3138 (01 December 2011)

Dowty, R. v [2011] EWCA Crim 3138 (01 December 2011)

The judge correctly applied established legal principles and found that the Crown's change of position was justified by the strength of the evidence, and that the conduct did not amount to an abuse of process or render the conviction unsafe.

Citation
[2011] EWCA Crim 3138
Parties
Prosecution: Regina; Applicant: Philip Roy Louis Dowty
Jurisdiction
England and Wales
Judgment Date
01 December 2011
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction
Outcome
application for leave to appeal against conviction refused
Legal Topics
Abuse of Process, Prosecution Promises, Sexual Offences, Indecent Images, Appeal Against Conviction
Criminal Law Abuse of Process Prosecution Promises Sexual Offences Indecent Images Appeal Against Conviction

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Parties

Regina

Prosecution

Philip Roy Louis Dowty

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the Crown's reneging on a promise not to prosecute certain counts amounted to an abuse of process
  2. 2 Whether the conviction is unsafe due to the Crown's conduct

Ratio Decidendi

The judge correctly applied established legal principles and found that the Crown's change of position was justified by the strength of the evidence, and that the conduct did not amount to an abuse of process or render the conviction unsafe.

Court Disposition

application for leave to appeal against conviction refused