R v Jones (John)
| Jurisdiction | England & Wales |
| Judge | THE LORD CHIEF JUSTICE |
| Judgment Date | 22 March 1974 |
| Judgment citation (vLex) | [1974] EWCA Crim J0322-1 |
| Docket Number | Nos. 54/R/74, 111/R/74 172/R/74, 173/R/74 |
| Date | 22 March 1974 |
| Court | Court of Appeal (Criminal Division) |
[1974] EWCA Crim J0322-1
The Lord Chief Justice of England (Lord Widgery)
Lord Justice James
and
Mr. Justice Kerr
Nos. 54/R/74, 111/R/74
112/R/74, 171/R/74
172/R/74, 173/R/74
IN THE COURT OF APPEAL
CRIMINAL DIVISION
Royal Courts of Justice
MR. D. TURNER-SAMUELS, Q.C. and MR. J.L. REIDE appeared on behalf of the Applicants.
MR. F. M. DRAKE, Q.C. and MR. J.D.A. FENNELL appeared as Counsel for the Crown.
It is not the general practice for this Court, when dealing with an application for a certificate of a point of law for consideration of the House of Lords, to give reasons, but in deference to the argument which has been pressed upon us on a previous occasion and today, we will say a word or two about the matters involved.
The first question which we are asked to certify is, we think, in substance this question: whether upon the facts of this case there was a continuous unlawful assembley or not. So expressed of course it cannot be a point for the House of Lords, because it is not a point of law of general public importance at all, and although we have approached this matter most sympathetically and with a desire not in any way to be obstructive, we find it impossible, merely because of the general way in which the point is put, to turn what is essentially a question of fact and degree into a point of law, whether certifiable or not.
As regards point number two, the subject matter here is whether or not the charge was properly pleaded, and whether or not the Judge in...
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R v Stewart (D)
...dicta of Paull J. applied. (12) R. v. HammersleyUNK(1958), 42 Cr. App. R. 207; [1958] Crim. L.R. 422, applied. (13) R. v. JonesUNK(1974), 59 Cr. App. R. 120; [1974] I.C.R. 310, applied. (14) R. v. Keen, English Court of Appeal, November 5th, 1999, Transcript No. 99/5711/12/13/S3, unreported......
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Maycock et Al v Commissioner of Police
... ... The case of Jones and Others (1974) 59 Cr App R 120 spoke to the point three years before the Practice Direction was issued. James, L.J. in the course of delivering ... ...
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R v Hedworth
...to quash those counts in respect of which the defendant had been committed by the magistrates (so following the decision in Jones 59 Cr App R 120), but he held that he did have jurisdiction in respect of the counts which had been added by amendment, that is to say counts 1 to 7 and count 8,......