TJC, R v

TJC, R v

The indictment was sufficient for a case based on general deficiency; the Recorder was wrong in law to stay count 1 for lack of further particulars. The prosecution should set out the calculation of the general deficiency in a written note.

Parties
Applicant: Regina; Respondent: TJC
Jurisdiction
England and Wales
Judgment Date
21 July 2015
Procedural Posture
Criminal Appeal / Appeal Against Terminating Ruling Under S.58 Criminal Justice Act 2003
Outcome
Appeal allowed; terminating ruling set aside; proceedings to resume in Crown Court.
Legal Topics
Abuse of Process, Fraud, Indictment Particulars
Criminal Law Abuse of Process Fraud Indictment Particulars

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Parties

Regina

Applicant

TJC

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Terminating Ruling Under S.58 Criminal Justice Act 2003

Legal Issues

  1. 1 Whether the indictment was sufficiently particularised for count 1
  2. 2 Whether it was an abuse of process to proceed without further particulars
  3. 3 Whether prosecution could rely on general deficiency rather than specific transactions

Ratio Decidendi

The indictment was sufficient for a case based on general deficiency; the Recorder was wrong in law to stay count 1 for lack of further particulars. The prosecution should set out the calculation of the general deficiency in a written note.

Court Disposition

Appeal allowed; terminating ruling set aside; proceedings to resume in Crown Court.

Orders

  • Prosecution to produce a written note by 1 October setting out the calculation of the general deficiency alleged.
  • Proceedings under count 1 to resume and be heard with counts 2, 3, and 4.