R v J [2004] UKHL 42 – S 6(1), s 14(1), s 37(2) and Sch 2 SOA 1956.
- statutory interpretation, ultra vires, otiose, abuse of process, time limit.
- D may not be prosecuted for conduct specifically outlawed by s 6(1) SOA 1956 under the wider scope of s 14(1) after the time limit for a prosecution under s 6(1) has expired.
- allowing a prosecution under s 14 to avoid the time limit applicable to s 6 would amount to a fraud upon an Act – acting in fraudem legis.
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Related case digests
- R v Allen [2008] EWCA Crim 835 – S 39 CJA 1988, s 127 MCA - s 47 OAPA.
- statutory interpretation – time limits - related offences – abuse of process. 1) not wrong for judge to include alternative offence on indictment when statute required such alternative to be left to jury. 2) statutory time limit applicable to the commencement of particular proceedings was not relevant to the time within which an alternative offence was charged unless the statute so stated.