Practice and Procedure

R v MARK PAUL SMOLINSKI (2004)

PUBLISHED May 4, 2004
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[2004] EWCA Crim 1270

The defendant's conviction for indecent assault was, in all the circumstances including the inconsistencies in the jury's verdicts, unsafe. It was questionable whether the practice of making applications for abuse of process, where there was delay prior to trial was helpful and the best time for making any application should be after the evidence had been called.

CA (Crim Div) (Lord Woolf of Barnes LCJ, Aikens J, Fulford J)

04/05/2004

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