R v Clarke [2015] EWCA Crim 350 – R 14.2 CrimPR 2014 - (r 10.2 CrimPR 2015) – s 3 IA – s 101 CJA 2003.
1) sufficiency of indictment (or information or charge).
- under CrimPR sufficient if clear as to what P alleges against D.
- no longer necessary for indictment to specify ingredients of the offence.
2) prejudicial effect of evidence may be eliminated by agreement on formula for giving evidence.
– whether evidence more prejudicial than probative.
3) bad character provisions of the CJA 2003 not appropriate to admit evidence of a previous offence where P did not seek to rely on it.
undefined: unpaid
Related case digests
- R v Stocker [2013] EWCA Crim 1993 – Rules 1.1 and 14.2(1) [10.2(1)] CrimPR – SOA.
1) indictments should not be quashed purely because of a technical defect. - the overriding objective was to ensure the acquittal of the innocent and conviction of the guilty. - procedural and technical points to be taken at time of trial. 2) indictment not nullified by giving wrong year of statute if D nonetheless notified of case he has to meet and of correct statutory provision which applies and the offence of which D actually convicted is known to law. - R v Boateng [2016] EWCA Crim 57 – r 10.2 (formerly 14.2) CrimPR - Immigration Act 1971 – ICA.
1) count alleging wrong subsection for offence and wrong details in particulars of offence was in breach of CrimPR and fundamentally flawed. 2) offence of breaching immigration law. - where offence provision and particulars of offence correct, and clear what being alleged, drafting error in stated provision of immigration law breached did not invalidate the count. 3) cannot be a conviction for contravening provisions before they came into force. 4) can be in possession of a false ‘identity document’ (a passport) where the document genuine but has unlawfully obtained residence stamp affixed to it. 5) no requirement to prove dishonesty where offence provision does not so provide. - R v D [2016] EWCA Crim 454 – Ss 14(1) and 15(1) SOA 1956 – r 10.2 (formerly 14.2) CrimPR.
1) “any legislation that creates” the offence charged in r 10.2 (formerly 14.2) CrimPR means the relevant section of the statute or provision of the subordinate instrument – identifying only the statute or instrument is insufficient. 2) identifying the wrong section number in an indictment renders it defective, but if no more than a drafting or clerical error and the indictment is otherwise compliant and D is not prejudiced, a conviction thereunder may be safe.