R v Phipps, ex parte Alton
| Jurisdiction | England & Wales |
| Date | 1964 |
| Year | 1964 |
| Court | Divisional Court |
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9 cases
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Thelwell v DPP and Attorney-General
...or not there was a trial on the merits, the decision is binding and the matter cannot be prosecuted again. 101 In R v Phillips [1964] 2 Q.B 420 at 429 Lord Parker had this to say: "There are cases where, in the course of proceedings it became clear that owing to some technical defect, the ......
- Patrick Bowen, Police Constable 7094 v Vernie Johnson
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Bowen v Johnson
...R. v. Bond [1936] 3 D.L.R. 769; R. v. Somers, [1939] 3 D.L.R. 772; Her Majesty The Queen v. Karminski, (1957) S.C.R. (Canada) 343; R. v. Phipps ex parte Alton [1964] 1 All E.R. 972); and that such withdrawal might be equivalent to a dismissal on the merits and be a bar, or only to an absenc......
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The Commissioner of Police Appellant v Jonathan Freeman Respondent
...J in R v Benson (Supra) at pg. 130 where he drew the distinction between a dismissal simpliciter and a dismissal on the merits. In R. v Phipps, Ex Parte Alton (1964) 1 AER 472 Lord Parker C.J. took the view that an application for withdrawal and the consent to the withdrawal is in no sense ......
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1 books & journal articles
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Review: Introduction to Criminal Law
...28J.c.L.236);andwhen he should refuse toallow a prosecution to be withdrawn (R. vPhipps: ex parte Alton. 1964, 2W.L.R.802; 28].C.L.165).Suchinevitable omissions do not seriouslydetract from the very real value to be derived from this book.Itmay be addedthatapleasing feature isthatnot only a......