PW & Ors, R. v

PW & Ors, R. v

The judge's ruling to stay the indictment for abuse of process was wrong in law and not reasonable; the prosecution's adaptation of charges was lawful, the absence of the complainant as a witness did not render the trial unfair, and the proper mens rea for section 1(1)(a) offences is deliberate and intentional making of images without the need for knowledge of age except in downloading cases.

Parties
Applicant: Regina; Respondent: PW; Respondent: PQ; Respondent: JP; Respondent: AM; Respondent: MC; Respondent: BC; Respondent: LD; Respondent: PC
Jurisdiction
England and Wales
Judgment Date
23 June 2016
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Terminating Ruling
Outcome
leave to appeal granted in part; stay reversed for specified counts; proceedings to be resumed; acquittals ordered for BC and PQ on specified counts
Legal Topics
Abuse of Process, Indecent Images, Prosecutorial Discretion, Fair Trial, Mens Rea
Criminal Law Abuse of Process Indecent Images Prosecutorial Discretion Fair Trial Mens Rea

Case Brief

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Parties

Regina

Applicant

PW

Respondent

PQ

Respondent

JP

Respondent

AM

Respondent

MC

Respondent

BC

Respondent

LD

Respondent

PC

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Terminating Ruling

Legal Issues

  1. 1 Whether the stay of indictment for abuse of process was correct
  2. 2 Whether the prosecution's adaptation of charges constituted abuse
  3. 3 Whether the absence of the complainant as a witness rendered the trial unfair

Ratio Decidendi

The judge's ruling to stay the indictment for abuse of process was wrong in law and not reasonable; the prosecution's adaptation of charges was lawful, the absence of the complainant as a witness did not render the trial unfair, and the proper mens rea for section 1(1)(a) offences is deliberate and intentional making of images without the need for knowledge of age except in downloading cases.

Court Disposition

leave to appeal granted in part; stay reversed for specified counts; proceedings to be resumed; acquittals ordered for BC and PQ on specified counts

Orders

  • Proceedings to be resumed in Crown Court on count 1 against PW and PC, count 5 against LD, count 10 against AM, count 11 against JP, count 15 against MC.
  • Acquittal of BC on count 9 and PQ on count 12.