Farrell, R v

Farrell, R v

The trial judge failed to properly consider the relevant legal principles before ordering the trial to proceed in the appellant's absence, making the conviction unsafe. The conviction for burglary must be quashed.

Parties
Respondent: Regina; Appellant: William Farrell
Jurisdiction
England and Wales
Judgment Date
29 October 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeal allowed; conviction for burglary quashed; retrial ordered; conviction for failure to surrender to bail stands.
Legal Topics
Trial in Absence, Burglary, Failure to Surrender to Bail, Appeal Procedure
Criminal Law Trial in Absence Burglary Failure to Surrender to Bail Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

William Farrell

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in allowing the trial to proceed in the appellant's absence
  2. 2 Whether the conviction for burglary should be quashed
  3. 3 Whether a retrial should be ordered

Ratio Decidendi

The trial judge failed to properly consider the relevant legal principles before ordering the trial to proceed in the appellant's absence, making the conviction unsafe. The conviction for burglary must be quashed.

Court Disposition

Appeal allowed; conviction for burglary quashed; retrial ordered; conviction for failure to surrender to bail stands.

Orders

  • Conviction for burglary quashed
  • Fresh indictment to be preferred