Walker, R v

Walker, R v

The prosecutor's charging decision on 4th August 2007 constituted valid consent by the DPP, so proceedings against Golding were not a nullity; no substantial prejudice was caused to the applicant, and the conviction was safe.

Parties
Respondent: Regina; Applicant: Triston Walker
Jurisdiction
England and Wales
Judgment Date
29 June 2016
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction
Outcome
application for leave to appeal against conviction dismissed
Legal Topics
Murder, Consent to Prosecution, Joinder of Defendants, Bad Character Evidence, Extension of Time
Criminal Law Murder Consent to Prosecution Joinder of Defendants Bad Character Evidence Extension of Time

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Parties

Regina

Respondent

Triston Walker

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether proceedings against co-accused Golding were a nullity due to lack of timely DPP consent
  2. 2 Whether joinder of Golding prejudiced the applicant's trial
  3. 3 Whether admission of bad character evidence rendered the conviction unsafe

Ratio Decidendi

The prosecutor's charging decision on 4th August 2007 constituted valid consent by the DPP, so proceedings against Golding were not a nullity; no substantial prejudice was caused to the applicant, and the conviction was safe.

Court Disposition

application for leave to appeal against conviction dismissed

Orders

  • extension of time refused
  • application relating to conviction dismissed