R (G) v S and S

R (G) v S and S

The judge's ruling to stay the prosecution was not reasonable in the circumstances; the core findings on oblique motive were flawed, and the supporting factors were insufficient to justify a stay. Leave to appeal is granted and the stay is reversed; proceedings on the indictment are to be resumed.

Parties
Appellant: R (G); Respondents: S and S
Jurisdiction
England and Wales
Judgment Date
14 December 2017
Procedural Posture
Criminal Appeal / Leave to Appeal and Substantive Appeal Against Stay of Prosecution
Outcome
leave to appeal granted; stay reversed; prosecution to resume
Legal Topics
Abuse of Process, Private Prosecution, Fraud, Stay of Proceedings, Oblique Motive
Criminal Law Civil Law Abuse of Process Private Prosecution Fraud Stay of Proceedings Oblique Motive

Case Brief

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Parties

R (G)

Appellant

S and S

Respondents

Procedural Posture

Criminal Appeal / Leave to Appeal and Substantive Appeal Against Stay of Prosecution

Legal Issues

  1. 1 Whether the private prosecution was fatally tainted by an oblique motive amounting to abuse of process
  2. 2 Whether the judge's ruling to stay the prosecution was reasonable, wrong in law, or involved an error of principle under s.67 Criminal Justice Act 2003

Ratio Decidendi

The judge's ruling to stay the prosecution was not reasonable in the circumstances; the core findings on oblique motive were flawed, and the supporting factors were insufficient to justify a stay. Leave to appeal is granted and the stay is reversed; proceedings on the indictment are to be resumed.

Court Disposition

leave to appeal granted; stay reversed; prosecution to resume

Orders

  • Proceedings on the indictment to be resumed in the Crown Court.
  • Resident judge at Birmingham Crown Court to assign a fresh judge to the matter.