Walker, R. v

For Coatman, the indictment was fundamentally flawed in substance, not a mere clerical error, and proceedings declared a nullity; for Walker, errors were only in form, no prejudice caused, conviction stands.

Parties: Respondent: R; Appellant: Simon Walker; Appellant: John Coatman
Jurisdiction: England and Wales
Judgment Date: 06 April 2017
Procedural Posture: Criminal Appeal / Appeal Against Conviction and Sentence
Outcome: Coatman's convictions quashed and proceedings declared a nullity; Walker's appeal dismissed and conviction upheld; Walker's application for leave to appeal sentence rejected.
Legal Topics: Historic Sexual Abuse, Indictment Defects, Time Barred Offences, Gross Indecency, Indecent Assault, Procedural Nullity

Criminal Law Historic Sexual Abuse Indictment Defects Time Barred Offences Gross Indecency Indecent Assault Procedural Nullity

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 1

Parties

Respondent

Simon Walker

Appellant

John Coatman

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

1 Whether prosecution of offences was time-barred
2 Whether errors in indictment were errors of form or substance
3 Whether convictions should be quashed or substituted

Ratio Decidendi

Court Disposition

Coatman's convictions quashed and proceedings declared a nullity; Walker's appeal dismissed and conviction upheld; Walker's application for leave to appeal sentence rejected.

Orders

Proceedings against Coatman declared a nullity; prosecution may recommence with proper charges.
Walker’s conviction stands; no adjournment or leave to appeal sentence granted.