Dodson, R. v

Dodson, R. v

The committal of the summary only offence to the Crown Court was a nullity as it was not accompanied by a connected either way offence, and thus the Crown Court had no jurisdiction to try or sentence the appellant for that offence.

Parties
Prosecution: Regina; Appellant: Wayne Dodson
Jurisdiction
England and Wales
Judgment Date
26 August 2009
Procedural Posture
Criminal Appeal / Judicial Review / Appeal Against Conviction and Judicial Review of Committal Procedure
Outcome
committal and sentence quashed; no retrial possible
Legal Topics
Committal Procedure, Jurisdiction, Summary Offences, Crown Court Powers
Criminal Law Criminal Procedure Committal Procedure Jurisdiction Summary Offences Crown Court Powers

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Parties

Regina

Prosecution

Wayne Dodson

Appellant

Procedural Posture

Criminal Appeal / Judicial Review / Appeal Against Conviction and Judicial Review of Committal Procedure

Legal Issues

  1. 1 Whether the Crown Court had jurisdiction to try a summary only offence committed without a connected either way offence under section 41 of the Criminal Justice Act 1988
  2. 2 Whether the committal and subsequent sentence were lawful

Ratio Decidendi

The committal of the summary only offence to the Crown Court was a nullity as it was not accompanied by a connected either way offence, and thus the Crown Court had no jurisdiction to try or sentence the appellant for that offence.

Court Disposition

committal and sentence quashed; no retrial possible

Orders

  • Permission to bring judicial review granted
  • Committal to the Crown Court quashed