R v Dady [2013] EWHC 475 (QB) - S 297 CDPA – CLA.
- conspiracy.
1) voluntary bill of indictment may be sought where magistrates fail to commit a case to Crown Court or where Crown Court dismisses charges before arraignment.
- P must show there are exceptional circumstances for the preferment of a voluntary bill of indictment.
2) common law offence not apt where crime falls within a statutory offence
- wrong for P to avoid restrictions on prosecution by charging a precise statutory offence under the wide common law offence of conspiracy to defraud.
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