R v Penner [2010] EWCA Crim 1155 – CrimPR.
1) appeal will fail if the court granting leave to appeal would not have done so had the true position been put before it.
2) “trial by ambush” was abolished by the CrimPR 2005.
- duty to clarify issues at the Plea and Case Management Hearing (PCMH).
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Related case digests
- Malcolm v DPP [2007] EWHC 363 (Admin) - s 7(7) RTA - CrimPR.
- defence ambush. - r 3.3 CrimPR - duty of D to make the real issues clear at the latest before close of P's case. - discretion to allow P to call evidence even after magistrates begin to give their decision.