R v Arnold (Louise) ; R v LSA

JurisdictionEngland & Wales
CourtCourts-Martial Appeal Court
Judgment Date16 May 2008
Date16 May 2008

Courts-Martial Appeal Court

Before Lord Justice Hughes, Mr Justice Treacy and Sir Peter Cresswell

Regina
and
Arnold
No jurisdiction to hear appeal

The Courts-Martial Appeal Court had no jurisdiction to entertain an appeal by a prosecutor unless at, or before informing the court that it intended to appeal the prosecutor had agreed that the accused should be acquitted of the charge if leave to appeal was not obtained.

The Courts-Martial Appeal Court so held when refusing an application by the Royal Air Force Prosecuting...

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11 cases
  • R v T(N)
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 31 March 2010
    ...none of these decisions need to be referred to in the context of the legislation relating to acquittal agreements. 18 The reasoning in R v LSA, a Court Martial case, brought under the provisions of military law which are identical to ss 58–61 of the 2003 Act is compelling. Omitting the refe......
  • R v Layden
    • United Kingdom
    • Supreme Court
    • 1 January 2025
    ...Authority (1998) 194 CLR 355 R v Al-Jaryan (Muner) [2020] EWCA Crim 1801; [2021] 1 Cr App R 25, CA R v Arnold [2008] EWCA Crim 1034; [2008] 1 WLR 2881; [2009] 1 All ER 1103; [2008] 2 Cr App R 37, Ct MAC R v Ashton [2006] EWCA Crim 794; [2007] 1 WLR 181; [2006] 2 Cr App R 15, CA R v C (Prose......
  • R v SA and Others
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 15 February 2019
    ...(ss. 57–74) relating to “Prosecution Appeals”, amounted to a fundamental change in criminal law. In R v Arnold [2008] EWCA Crim 1034; [2008] 2 Cr App R 37, at [26], Hughes LJ (as he then was) explained this change: “The Crown is given a right of appeal in relation to trial on indictment fo......
  • R v Joseph Karumba Wangige
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 14 October 2020
    ...judge in Phipps which the Court of Appeal had rejected. No doubt it can be said, as Hughes LJ said in Arnold [2008] EWCA Crim 1034, [2008] 2 Cr. App. R 37 at paragraph 37, that there can be a difference between two charges founded on the same facts and two charges sharing some facts in co......
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1 books & journal articles
  • When Might Two Offences be Founded on the Same Course of Conduct?
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 87-4, August 2023
    • 1 August 2023
    ...charging and pursuing both offences.As Bennathan J noted in Hamer, the decision in Hartnett was subsequently approved in R v Arnold[2008] 2 Cr App R 37. In that case, in what were obiter remarks, Hughes LJ observed:‘… sometimes the presentation of different charges in the same court, arisin......