Garwood & Ors, R v

Garwood & Ors, R v

The Court of Appeal has no jurisdiction to certify a point of law of general public importance after refusing leave to appeal; certification is only available following a decision on an appeal determined on its merits with leave.

Source-derived case information.

Parties
Respondent: Regina; Applicant/appellant: Reece Garwood; Applicant/appellant: Javed Ruhel Miah; Applicant/appellant: Michael Hall
Jurisdiction
England and Wales
Judgment Date
22 February 2017
Procedural Posture
Criminal Appeal / Application for Certification of Point of Law of General Public Importance After Refusal of Leave to Appeal
Outcome
Application for certification refused
Legal Topics
Jurisdiction for Certification of Point of Law, Substantial Injustice Standard, Joint Enterprise Liability, Leave to Appeal Out of Time
Criminal Law Appellate Procedure Jurisdiction for Certification of Point of Law Substantial Injustice Standard Joint Enterprise Liability Leave to Appeal Out of Time

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Reece Garwood

Applicant/appellant

Javed Ruhel Miah

Applicant/appellant

Michael Hall

Applicant/appellant

Procedural Posture

Criminal Appeal / Application for Certification of Point of Law of General Public Importance After Refusal of Leave to Appeal

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to certify a point of law of general public importance after refusing leave to appeal
  2. 2 Whether the test for substantial injustice is unduly onerous and should be reviewable by the Supreme Court
  3. 3 Whether a certificate can be granted regarding the participation necessary for joint enterprise murder

Ratio Decidendi

The Court of Appeal has no jurisdiction to certify a point of law of general public importance after refusing leave to appeal; certification is only available following a decision on an appeal determined on its merits with leave.

Court Disposition

Application for certification refused

Orders

  • No certificate of point of law of general public importance granted
  • Application for certification regarding joint enterprise murder participation refused