Gore, R v [2009] EWCA Crim 1424 (14 July 2009)

Gore, R v [2009] EWCA Crim 1424 (14 July 2009)

Issuance of fixed penalty notices for lesser offences did not preclude subsequent prosecution for more serious offences when new evidence came to light; no abuse of process occurred as the statutory scheme and guidance did not bar such prosecution, and no unequivocal assurance was given to the appellants that they would not be prosecuted for other offences.

Citation
[2009] EWCA Crim 1424
Parties
Prosecutor: R; Appellant: Raymond Gore; Appellant: Timothy Maher
Jurisdiction
England and Wales
Judgment Date
14 July 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeals dismissed
Legal Topics
Abuse of Process, Fixed Penalty Notices, Double Jeopardy, Grievous Bodily Harm, Public Order Offences
Criminal Law Abuse of Process Fixed Penalty Notices Double Jeopardy Grievous Bodily Harm Public Order Offences

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Parties

R

Prosecutor

Raymond Gore

Appellant

Timothy Maher

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether prosecution after issuance of fixed penalty notices for the same incident constitutes an abuse of process
  2. 2 Whether the fixed penalty notice precludes subsequent prosecution for more serious offences arising from the same facts

Ratio Decidendi

Issuance of fixed penalty notices for lesser offences did not preclude subsequent prosecution for more serious offences when new evidence came to light; no abuse of process occurred as the statutory scheme and guidance did not bar such prosecution, and no unequivocal assurance was given to the appellants that they would not be prosecuted for other offences.

Court Disposition

appeals dismissed

Orders

  • Convictions of Raymond Gore and Timothy Maher upheld
  • Sentencing to proceed as previously adjourned