Ng & Anor, R. v [2024] EWCA Crim 493 (09 May 2024)

Ng & Anor, R. v [2024] EWCA Crim 493 (09 May 2024)

The judge erred in granting a stay for abuse of process because the delays were not solely attributable to prosecutorial misconduct, there was no finding of conduct sufficient to justify a stay, and the proper approach was to consider adjournment and case management. The stay was not justified on the facts or in law.

Source-derived case information.

Citation
[2024] EWCA Crim 493
Parties
Appellant: The King; Respondent: Katie Ng; Respondent: Antony O'Reilly
Jurisdiction
England and Wales
Judgment Date
09 May 2024
Procedural Posture
Criminal Appeal / Appeal Against Terminating Ruling (stay for Abuse of Process)
Outcome
Appeal allowed; terminating ruling (stay) reversed.
Legal Topics
Abuse of Process, Adjournment, Stay of Proceedings, Prosecutorial Misconduct, Right to Fair Trial, Case Management, Listing, Non Attendance of Counsel
Criminal Law Criminal Procedure Abuse of Process Adjournment Stay of Proceedings Prosecutorial Misconduct Right to Fair Trial Case Management +2 more

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Summary, issues, holding and outcome

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Parties

The King

Appellant

Katie Ng

Respondent

Antony O'Reilly

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Terminating Ruling (stay for Abuse of Process)

Legal Issues

  1. 1 Whether the failure of the CPS to secure prosecuting counsel justified a stay of proceedings as an abuse of process
  2. 2 Whether the judge erred in law and fact in granting a stay
  3. 3 Proper approach to non-attendance of prosecution counsel and adjournment

Ratio Decidendi

The judge erred in granting a stay for abuse of process because the delays were not solely attributable to prosecutorial misconduct, there was no finding of conduct sufficient to justify a stay, and the proper approach was to consider adjournment and case management. The stay was not justified on the facts or in law.

Court Disposition

Appeal allowed; terminating ruling (stay) reversed.

Orders

  • Proceedings in the Crown Court to be resumed and listed as a fixed trial on the first available date.