DS & Ors, R. v [2017] EWCA Crim 1410 (14 September 2017)

DS & Ors, R. v [2017] EWCA Crim 1410 (14 September 2017)

The absence of a relevant alternative statutory offence makes it impossible to impugn the prosecution's decision to charge conspiracy to cause public nuisance. The judge was wrong in law to conclude that statutory alternatives existed. The prosecution did not amount to an abuse of process, and there was no assault on the integrity of the criminal justice system.

Citation
[2017] EWCA Crim 1410
Parties
Appellant: Regina; Respondent: DS; Respondent: SW; Respondent: DH; Respondent: EL; Respondent: SL; Respondent: DN; Respondent: SH
Jurisdiction
England and Wales
Judgment Date
14 September 2017
Procedural Posture
Criminal Appeal / Appeal Against Terminating Ruling
Outcome
appeal allowed
Legal Topics
Abuse of Process, Public Nuisance, Prosecutorial Discretion, Statutory Offences Vs Common Law Offences
Criminal Law Abuse of Process Public Nuisance Prosecutorial Discretion Statutory Offences Vs Common Law Offences

Case Brief

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Parties

Regina

Appellant

DS

Respondent

SW

Respondent

DH

Respondent

EL

Respondent

SL

Respondent

DN

Respondent

SH

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Terminating Ruling

Legal Issues

  1. 1 Whether the judge was entitled to stay prosecutions for conspiracy to commit public nuisance instead of statutory offences
  2. 2 Whether the prosecution amounted to an abuse of process by charging a common law offence rather than statutory alternatives

Ratio Decidendi

The absence of a relevant alternative statutory offence makes it impossible to impugn the prosecution's decision to charge conspiracy to cause public nuisance. The judge was wrong in law to conclude that statutory alternatives existed. The prosecution did not amount to an abuse of process, and there was no assault on the integrity of the criminal justice system.

Court Disposition

appeal allowed

Orders

  • leave to appeal granted
  • trial to continue