R v Williams and Another
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1965 |
| Date | 01 January 1965 |
| Court | Court of Criminal Appeal (Northern Ireland) |
Additional charges taken into consideration - Subsequent indictment on matters within knowledge of the Crown at the time of previous trial - Whether Crown precluded from proceeding on later indictment - Discretion of trial judge to stay indictment to prevent abuse of process.
Tn December, 1963 the prisoners were indicted for offences of demanding money on forged documents, it being alleged that they had, on April 16, 1962, and May 14, 1962, by means of forged invoices of A. Co. Ltd. procured payment to S. Ltd. by the Ministry of Commerce for Northern Ireland of sums of money amounting to about £4,900, and had on June 1, 1962, endeavoured to procure a further payment of about £5,500. At the trial of these charges, the prisoners at first pleaded not guilty, but in the course of the trial changed their pleas to guilty, and requested that nine further charges involving about £25,000 should be taken into consideration. In his plea on their behalf counsel for the prisoners suggested that their offences were of a technical kind and that they did not have any intention to defraud. Each of the prisoners was bound over for three years and ordered to make restitution to the extent of £30,000. In June 1964, the prisoners were again indicted on similar charges, it being alleged on this occasion that they had, on April 14, 1961, August 10, 1961, and April 16, 1962, procured payment by the Ministry to S. Ltd. of other sums amounting to £35,000. At the trial of these charges, it was contended on behalf of the prisoners that because the Crown had elected to proceed on certain offences involving sums paid to S. Ltd. and had put to the prisoners charges involving further sums so paid, the Crown could not properly indict the prisoners again upon further charges connected with the same matter and based upon matters of which the Crown was aware at the time of...
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Yeung Chun Pong And Others v Secretary For Justice
...at 1362. [40] at 1364. [41] [1977] AC 1. [42] at 497. [43] [1998] Q.B 356. [44] at 366. [45] [1965] 1 All E R 653. [46] at 656 C-F. [47] [1965] N.I. 52. [48] at [49] at 62. [50] transcript p. 324. [51] Ruling paras 47-48. [52] at 1359 – 1360. [53] see Lord Devlin to this effect in Connelly ......