R v O'Reilly

JurisdictionEngland & Wales
Date1989
Year1989
CourtCourt of Appeal (Criminal Division)
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2 cases
  • Bryan (Steven), Smith (Searchwell) v R
    • Jamaica
    • Court of Appeal (Jamaica)
    • 20 December 2002
    ...an indictment invalid and that any conviction resulting from such an indictment is a nullity. Newland was followed in R v O'Reiley 90 Cr.App.R.40. However, in R v Smith (B.P) [1997] 1 Cr. App. R. 390 it was held that Newland was wrongly decided in so far as it held that misjoinder would in......
  • R v Bolton
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 12 September 2014
    ...to us that that conclusion would have to be based on a view that the indictment was rendered (?) defective, was a nullity or invalid: see R v O'Reilly (1990) 90 Cr App R 40 to which Mr Jarvis drew our attention. We have not heard argument on this point. This court in Shields declined to dec......

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