Dowty, R. v

Dowty, R. v

The judge correctly applied the established legal principles and found that, although the Crown had initially promised not to proceed on certain counts, the subsequent decision to prosecute was justified by the strength of the evidence. There was no unfairness or prejudice to the applicant, and the conduct did not amount to an abuse of process. The conviction is safe.

Parties
Prosecutor: 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, Prosecutorial Discretion, Sexual Offences, Indecent Images, Plea Agreements
Criminal Law Criminal Procedure Abuse of Process Prosecutorial Discretion Sexual Offences Indecent Images Plea Agreements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Regina

Prosecutor

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 alleged prosecutorial misconduct

Ratio Decidendi

The judge correctly applied the established legal principles and found that, although the Crown had initially promised not to proceed on certain counts, the subsequent decision to prosecute was justified by the strength of the evidence. There was no unfairness or prejudice to the applicant, and the conduct did not amount to an abuse of process. The conviction is safe.

Court Disposition

application for leave to appeal against conviction refused