Ex parte Lees
| Jurisdiction | England & Wales |
| Judgment Date | 12 June 1860 |
| Date | 12 June 1860 |
| Court | High Court |
English Reports Citation: 120 E.R. 718
IN THE COURT OF QUEEN'S BENCH AND EXCHEQUER CHAMBER
S. C. 27 L. J. Q. B. 403; 6 W. R. 660.
Ex parte lees. Saturday, June 12th, 1860. Where, upon an indictment in a colonial court proceeding by course of common law, the prisoner has been convicted of a criminal offence, and is in execution of the sentence, the Court of Queen's Bench will not grant a writ of error to bring up the record of the conviction, unless the Attorney General has issued his fiat for a writ of error.-Nor will the Court, without such fiat, direct a certiorari to issue for the purpose of bringing up the record, and bringing a writ of error upon it.-A writ of habeas corpus is not grantable in general where the party is in execution on a criminal charge, after judgment, on an indictment according to the course of the common law. [S. C. 27 L. J. Q. B. 403; 6 W. R. 660.] This was an application for a writ of error, or for a certiorari, or for a writ of habeas corpus, for the purpose of quashing the conviction of Charles Frederick Lees by the Supreme Court of the Island of St. Helena. A certified copy of the record was seat over by order of the Secretary of State for the Colonies. The material parts were as follows. " Supreme Court of St. Helena, Island of St. Helena, to wit. Be it remembered that, at the Criminal Sessions of the Supreme Court of the Island of St. Helena, holden at James Town, in and for the said Island of St. Helena, on the 1st day of October A.D. 1856, before William Wilde Esq., Chief Justice of the Supreme Court of the said Island, by the oaths of" (here followed the names [829] of nineteen jurors), " then and there impannelled, sworn, and charged to inquire for our said Lady the (b) Knight v. Bowyer, 2 De G. & J. 445. EL. BL. & BL. 8JO. EX PARTE LEES 719 Queen, and for the body of the said Island, it is presented " "that Charles Frederick Lees, late of the Island of St. Helena, mariner, on the llth day of July in the year of our Lord 1856, with force and arms, upon the high seas, and within the jurisdiction of this Court, in and on board of a certain ship or vessel called The "Senator," in and upon one Thomas Spring Burcb, in the peace of God and of our Lady the Queen then and there being, did make an assault;" charging the said C. F. Lees with firing a pistol at the said T. S. B., "with intent then and there and thereby feloniously, wilfully, and of his malice aforethought, the said T. S. B. to kill and murder, against the form oi the statute " &c., " and against the peace " &c. The second, third and fourth counts laid the assault as made with intent to maim, to disable, and to do grievous bodily harm, respectively. " And afterwards, to wit on the 2d day of October in the year and reign aforesaid, before our said Chief Justice of the said Session of the said Island, the said Charles Frederick Lees is arraigned, and to the said indictment and charges saith that he is Not guilty. And thereupon the jurors by the sheriff for this purpose impannellod and returned, to wit"&c., "good and lawful men of the body of this Island, being called, came, who, being selected and sworn to speak the truth of...
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- Ex parte Williams
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O'Farrell v Governor of Portlaoise Prison
...the Court of Criminal Appeal. In coming to this conclusion, reliance was placed on the decision in Ex parte Lees (1860) EL, BL & EL 828; 120 E.R. 718, where Lord Campbell C.J. had held that the writ of habeas corpus was not grantable ‘ in general where the party is in execution on a crimina......
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R (Bancoult) v Secretary of State for the Foreign and Commonwealth Office
...has been issued to Canada; ( In re Anderson 7 Jur. N.S. 122): and a habeas corpus or certiorari will go to St Helena; Ex parte Lees (E. B. & E. 828; 5 Jur. N. S. 333). Besides, the certiorari here would not be directed to the court martial, but to the Judge Advocate General, to bring up a d......
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R v Secretary of State for Home Affairs, ex parte Greene
...to the Writ (to use the old-fashioned phrase) cannot be traversed or impeached by affidavit ( Carus Wilson's Case (1845) 7 Q.B. 984; Ex. p. Lees (1858) E.B. and E. 828; re Newton (1855) 16 C.B. 97). On the other hand in cases other than for some criminal or supposed criminal matter and exce......