LG, R. v [2018] EWCA Crim 736 (27 March 2018)

LG, R. v [2018] EWCA Crim 736 (27 March 2018)

No significant prejudice to the respondent was identified that could not be accommodated by the trial process; no unequivocal representation not to prosecute was made; the judge erred in conflating the two limbs of abuse of process and in granting a stay without proper basis.

Source-derived case information.

Citation
[2018] EWCA Crim 736
Parties
Applicant: Regina; Respondent: L G
Jurisdiction
England and Wales
Judgment Date
27 March 2018
Procedural Posture
Criminal Appeal / Appeal Against Stay of Proceedings
Outcome
appeal allowed
Legal Topics
Abuse of Process, Delay, Fair Trial, Stay of Proceedings, Causing Death by Careless Driving
Criminal Law Procedure Abuse of Process Delay Fair Trial Stay of Proceedings Causing Death by Careless Driving

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Parties

Regina

Applicant

L G

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Stay of Proceedings

Legal Issues

  1. 1 Whether the delay in prosecution and reconsideration of charging decision amounts to an abuse of process justifying a stay
  2. 2 Whether the respondent suffered prejudice such that a fair trial is no longer possible
  3. 3 Whether there was an unequivocal representation by the prosecution not to prosecute

Ratio Decidendi

No significant prejudice to the respondent was identified that could not be accommodated by the trial process; no unequivocal representation not to prosecute was made; the judge erred in conflating the two limbs of abuse of process and in granting a stay without proper basis.

Court Disposition

appeal allowed

Orders

  • judge's stay ruling reversed
  • proceedings for the offence charged to be resumed in the Crown Court