R v Jones (John)

JurisdictionEngland & Wales
JudgeTHE LORD CHIEF JUSTICE
Judgment Date22 March 1974
Judgment citation (vLex)[1974] EWCA Crim J0322-1
Docket NumberNos. 54/R/74, 111/R/74 172/R/74, 173/R/74
Date22 March 1974
CourtCourt of Appeal (Criminal Division)
Regina
and
John McKinsie Jones
Eric Tomlinson
Dennis Michael Warren
Kenneth Desmond Francis O'Shea
John Carpenter
and
John Elfyn Llywarch

[1974] EWCA Crim J0322-1

Before:-

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.

THE LORD CHIEF JUSTICE
1

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.

2

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.

3

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...

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex
48 cases
  • R v Stewart (D)
    • Cayman Islands
    • Grand Court (Cayman Islands)
    • 19 June 2002
    ...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......
  • Horrix v Malam
    • United Kingdom
    • Divisional Court
    • Invalid date
  • Maycock et Al v Commissioner of Police
    • Bahamas
    • Supreme Court (Bahamas)
    • 28 April 1995
    ... ... 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 ... ...
  • R v Hedworth
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 20 September 1996
    ...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,......
  • Get Started for Free