R v David Tovey and Peter John Smith

JurisdictionEngland & Wales
CourtCourt of Appeal (Criminal Division)
JudgeLORD JUSTICE HOOPER
Judgment Date09 March 2005
Neutral Citation[2005] EWCA Crim 530,[2004] EWCA Crim 2499
Docket NumberCase No:(1) 2002/7211/X4,No: 200207211/A6
Date09 March 2005

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5 cases
  • The Queen v Christopher Lunn
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 10 February 2017
    ...punishment because the procedure cannot accommodate it. 32 The subject has continued to give rise to difficulty, see for example Tovey [2005] EWCA Crim 530, Grout [2011] 1 Cr. App R 38, and the discussion in Archbold 2017 §5–91/94. 33 At this stage of the analysis the issue is primarily one......
  • Tyack v Mauritius
    • United Kingdom
    • Privy Council
    • 29 March 2006
    ...undeniable that difficulties, greater than the court had foreseen, have arisen out of the decision in Canavan ( seeR v Tovey and Smith [2005] EWCA Crim 530, [2005] 2 Cr App R (S) 100, para 13, per Lord Woolf CJ; Law Commission Report, paras 2.10 to 2.13) and the problem has been described a......
  • R v Mindaugas Pazera
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 18 February 2016
    ...Reliance was placed on the line of Court of Appeal authorities which support that proposition, namely R v Stosiek [1982] 4 Cr App R(S) 205, R v Tovey [1993] 14 Cr App R(S) 766, R v Fleury [2014] 2 Cr App R(S) 14 and R v Efionayi [1995] 16 Cr App R(S) 380. It was submitted that the jury's ve......
  • George v the State
    • Trinidad & Tobago
    • Court of Appeal (Trinidad and Tobago)
    • 15 December 2009
    ...nor agreed to have taken into consideration. 30 The dicta in R v. Kidd was considered and applied in the later case of R v. Tovey [2005] E.W.C.A. Crim 530. In Tovey the appellant was charged with 11 offences, nine counts of offences contrary to the Explosive Substances Act, 1883 and the Fir......
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2 books & journal articles
  • Table of Cases
    • United Kingdom
    • International Journal of Evidence & Proof, The No. 13-4, November 2009
    • 1 November 2009
    .... . . 56R vTine [2006] EWCACrim 1788 . . . . . . . . . 37, 44R vTobin [2002] EWCACrim 190 . . . . . . . . . . . 100R v Tovey and Smith [2005] EWCA Crim 530 . 312R vTR [2009] EWCACrim 1035. . . . . . . . . 355–358R vTran [1994] 2SCR 951. . . . . . . . . . . . . . . . . . 216R v Turmel (2004)......
  • The Evidential Quality of Victim Personal Statements and Family Impact Statements
    • United Kingdom
    • International Journal of Evidence & Proof, The No. 13-4, November 2009
    • 1 November 2009
    ...example, by ensuring that the defence has a copy in advance).79 The information should be treated with caution 74 R v Tovey and Smith [2005] EWCA Crim 530.75 In the leading case of R v Canavan and Others [1998] 1 Cr App R 79, Lord Bingham CJ said: ‘A is not to be convicted of any offence wi......

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