Chawdhury, R. v [2025] EWCA Crim 1837 (02 December 2025)

Chawdhury, R. v [2025] EWCA Crim 1837 (02 December 2025)

On the facts of this case, acquittal on count 2 (possession of a firearm with intent to endanger life) necessarily precluded conviction on count 1 (conspiracy to cause grievous bodily harm), as the prosecution's case on both counts was factually inseparable. Therefore, seeking a retrial on count 1 after acquittal on count 2 was an abuse of process, and the judge was right to stay the proceedings.

Citation
[2025] EWCA Crim 1837
Parties
Applicant: Rex; Respondent: Saaqib Chawdhury
Jurisdiction
England and Wales
Judgment Date
02 December 2025
Procedural Posture
Criminal Appeal / Prosecution Application for Leave to Appeal Against a Ruling Under S.58 Criminal Justice Act 2003
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Double Jeopardy, Conspiracy to Cause Grievous Bodily Harm, Possession of Firearm With Intent to Endanger Life, Stay of Proceedings, Jurisdiction Under Criminal Justice Act 2003
Criminal Law Abuse of Process Double Jeopardy Conspiracy to Cause Grievous Bodily Harm Possession of Firearm With Intent to Endanger Life Stay of Proceedings Jurisdiction Under Criminal Justice Act 2003

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Rex

Applicant

Saaqib Chawdhury

Respondent

Procedural Posture

Criminal Appeal / Prosecution Application for Leave to Appeal Against a Ruling Under S.58 Criminal Justice Act 2003

Legal Issues

  1. 1 Whether the prosecution could seek a retrial on count 1 (conspiracy to cause grievous bodily harm) after the respondent's acquittal on count 2 (possession of a firearm with intent to endanger life)
  2. 2 Whether seeking a retrial constituted an abuse of process in light of the acquittal on a related count
  3. 3 Whether the prosecution's notice of appeal was served in time and with the required acquittal undertaking

Ratio Decidendi

On the facts of this case, acquittal on count 2 (possession of a firearm with intent to endanger life) necessarily precluded conviction on count 1 (conspiracy to cause grievous bodily harm), as the prosecution's case on both counts was factually inseparable. Therefore, seeking a retrial on count 1 after acquittal on count 2 was an abuse of process, and the judge was right to stay the proceedings.

Court Disposition

Appeal dismissed

Orders

  • Prosecution granted leave to appeal but appeal dismissed
  • Respondent (Saaqib Chawdhury) entitled to be acquitted on count 1