MS, Application By Prosecution for Leave To Appeal

MS, Application By Prosecution for Leave To Appeal

The respondent's actions, viewed collectively, were part of the execution of her plan to abduct the child and were steps immediately preceding the final act necessary to effect the intended offence. The acts were more than merely preparatory, and it was open to the jury to convict her of attempted child abduction. The judge's ruling was wrong in law.

Parties
Applicant: West Midlands CPS; Respondent: MS
Jurisdiction
England and Wales
Judgment Date
27 April 2021
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Under Section 58 Criminal Justice Act 2003
Outcome
application granted; judge's ruling reversed; new trial ordered
Legal Topics
Attempted Child Abduction, Forgery, Criminal Attempts, Child Abduction by Parent
Criminal Law Attempted Child Abduction Forgery Criminal Attempts Child Abduction by Parent

Case Brief

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Parties

West Midlands CPS

Applicant

MS

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Under Section 58 Criminal Justice Act 2003

Legal Issues

  1. 1 Whether the acts of the respondent were more than merely preparatory to the commission of attempted child abduction
  2. 2 Whether the judge was correct in ruling there was no case to answer

Ratio Decidendi

The respondent's actions, viewed collectively, were part of the execution of her plan to abduct the child and were steps immediately preceding the final act necessary to effect the intended offence. The acts were more than merely preparatory, and it was open to the jury to convict her of attempted child abduction. The judge's ruling was wrong in law.

Court Disposition

application granted; judge's ruling reversed; new trial ordered

Orders

  • Resumption of proceedings in the Crown Court by way of a new trial before a different judge