R v William Terry

JurisdictionEngland & Wales
CourtCourt of Criminal Appeal
JudgeTHE LORD CHIEF JUSTICE
Judgment Date16 Dec 1966
Judgment citation (vLex)[1966] EWCA Crim J1216-8
Docket NumberNo. 2574/66

[1966] EWCA Crim J1216-8

IN THE COURT OF APPEAL

CRIMINAL DIVISION

Royal Courts of Justice

Before:

The Lord Chief Justice of England (Lord Parker)

Lord Justice Salmon

and

Mr. Justice Fenton Atkinson

No. 2574/66

Regina
and
William Terry

MR. J. PICKLES appeared as Counsel for the Appellant.

MR. J.M. MEREDITH appeared as Counsel for the Crown.

THE LORD CHIEF JUSTICE
1

This is an appeal by leave of the single Judge from this Appellant's conviction at Bradford Quarter Sessions on the 4th August of store breaking and larceny, when he was sentenced to Borstal training. The single Judge gave leave to appeal in order that this Court might consider proofs of certain witnesses whom it is said were not available at the trial and whom the Appellant desires to call. The Court has, in fact, heard one of those witnesses and has come to the conclusion that his evidence might have put the Jury in some doubt – a Jury who, anyhow, were out for some two hours. The Court, accordingly, thinks it inadvisable to deal with any of the facts of the case, or to say anything more about the fresh evidence, but merely to say that in the opinion of the Court this appeal must be allowed, the conviction will be quashed and instead of directing a discharge of the prisoner the Court will order a retrial.

2

My Lord, the Appellant was on bail prior to his trial at Quarter Sessions in his own recognisance of £25 and one surety in the sum of £25. It is fair to say that the Quarter Sessions at Bradford commence again on, I think, the 22nd December, but they are not going to try contested cases until the 2nd January. In those circumstances I ask that your Lordship should allow bail to the Appellant pending the retrial.

THE LORD CHIEF JUSTICE
3

Do you oppose bail, Mr. Meredith?

4

No, my Lord.

THE LORD CHIEF JUSTICE
5

Bail will be granted on the same terms as before.

6

My Lord, yes.

THE LORD CHIEF JUSTICE
7

And I think the Court will say that they would hope this case might be dealt with in January, as soon as possible.

8

As your Lordship pleases.

THE LORD CHIEF JUSTICE
9

There should be no further delay.

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