R v Gillyard
| Jurisdiction | England & Wales |
| Judgment Date | 14 June 1848 |
| Date | 14 June 1848 |
| Court | Court of the Queen's Bench |
English Reports Citation: 116 E.R. 965
QUEENS BENCH
S. C. 17 L. J. M. C. 153; 12 Jur. 655.
[527] the queen against gillyard. Wednesday, June 14th, 1848. By slat. 7 & 8 G, 4, c. 52, s. 46, the servant of a maltster is punishable by a magistrate ou conviction of certain offences, provided that the section shall not affect penalties against the maltster himself for the same offences, unless he prosecutes the servant to conviction, and produces a certificate of such conviction before any penalty is recovered against himself. By stat. 7 & 8 G. 4, c. 53, s. 79, no certiorari shall be issued at the suit of any defendant to remove any proceedings before magistrates under the Excise Acts; provided that the enactment shall not extend to any certiorari on behalf of the Crown out of the Court of Exchequer. A maltater having procured the conviction of a servant for an offence under stat. 7 & 8 G, 4, c. 52, s. 46, by collusion with the servant, and in order to protect himself against proceedings for the same offence, the Court of Queen's Bench granted a certiorari and quashed the conviction. [S. C. 17 L. J. M. C. 153 j 12 Jur. 655.] Sir John Jervis, Attorney General, on a former day in this term, obtained a ruio nisi to quash a conviction, under the hands and seals of two justices of the West Hiding of Yorkshire, previously removed into this Court, whereby Gillyard was convicted,, an the 17th March laat, of an offence against the laws of Excise (a). It appeared from the affidavits in support of the rule that Gillyard, before and up to the time of his conviction, was in the service of Thomas Haigh, a maltster, at Alverthorpe with Thames, in the West Riding, and that he had been convicted before the said justices, on the information of his master, of having taken a quantity of barley out of a cistern in Haigh's malthouse, at another time than between the hours of seven in the morning and four in the afternoon, in violation of stab. 7 & 8 G. 4, c. 52, sect. 46. The principal ground upon which the present rule was obtained was, that the conviction was procured collusively between Gillyard and Haigh, in order that the conviction might enure to the protection of the latter under the following proviso in the same section : "That nothing herein contained shall [528] extend or be deemed or construed to extend to repeal, alter, or affect any penalty or penalties on the maltster or maker of malt by whom or in whose service or premises any such...
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R v Ashford, Kent, Justices. ex parte Richley (No. 2)
...sexual intercourse with her. This Court is asked to determine it. It is no part of the duty of this Court so to do. 16 In the case of The Queen v. Gillyard, 12 Queen's Bench Reports, page 527, the first Judgment of the Court was given by Lord Denman, Chief Justice, who held that the Court h......
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R v Medical Appeal Tribunal, ex parte Gilmore ; Re Gilmore's Application
...(see Ex parte Brad laugh, Queen's Bench Division, 09) or if its decision was obtained by fraud (see Regina v. Sillyard, ( 1848) 12 Queen's Bench, 527) the Courts would still grant certiorari. I do not pause to consider those cases further: for I am glad to notice that modem Statutes never ......
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R v West Sussex Quarter Sessions, ex parte Albert and Maud Johnson Trust Ltd
...of a party or, by collusion, the Court of Queen's Bench will order it to be brought up and will quash It, see The Queen v. Gillyard (1848) 12 Q. B. 527. So also if a party has been guilty of perjury, see Rex v. Recorder of Leicester (1947) K.3. 726: or if one of the witnesses has committed ......
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R v Diggines, ex parte Rahmani
...question and examining the authorities there is the third category established in 1848 by the decision of the Court of Queen's Bench in R. v. Gillyard, 11 Queen's Bench 527. There Gillyard had been convicted by justices of an offence against the excise laws on the information of his employe......
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Table of Cases
...70, 71 R. v. Gilfoyle (No. 2) (2000), [2001] 2 Cr. App. R. 57, [2000] EWCA Crim 81 .............. 37 R. v. Gillyard (1848), 12 Q.B. 527.............................................................. 175, 178, 180, 181 R. v. Gore (Deceased), [2007] EWCA Crim 2789 ...................................