Practice and Procedure

R V ROBERT JOSEPH KELLY (1999)

PUBLISHED October 21, 1999
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Defendant's appeal against his sentence was allowed because the magistrates lacked the power to commit for sentence because s.22 overrode s.17A Magistrates' Court Act 1980. The Court of Appeal of its own motion reconstituted itself into a division of the Queen's Bench in order to immediately quash the sentences and free the defendant.

CA (Crim Div) (Otton LJ, Potts J, Judge David Clarke QC)

21/10/1999

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