Tsang's Application (Joseph)

JurisdictionNorthern Ireland
JudgeWeatherup J
Judgment Date20 October 2008
Neutral Citation[2008] NIQB 135
CourtQueen's Bench Division (Northern Ireland)
Date20 October 2008
Neutral Citation No.: [2008] NIQB 135 Ref:
WEA7329
Judgment: approved by the Court for handing down Delivered:
20/10/2008
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
Tsang’s Application [2008] NIQB 135
AN APPLICATION BY JOSEPH TSANG
FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
________
WEATHERUP J
[1] This is an application for leave to apply for judicial review, first of all of the
decision of the deputy District Judge (Magistrates’ Court) of 21 August 2008,
dismissing an application for abuse of process in that the Public Prosecution Service
(PPS) summonsed the applicant after having previously sent him a letter advising
that there would be no prosecution; and secondly, against the decision of the PPS to
apply the Code for Prosecutors to permit a review of the earlier decision not to
prosecute the applicant. Mr Shields appeared for the applicant, Mr Scoffield for the
deputy District Judge and Mr McAllister for the PPS.
[2] The background set out in the affidavit of the applicant is that on 16 April 2008
a summons was issued against the applicant based on two counts of assault
occasioning actual bodily harm on 25th May 2007, contrary to section 47 of the
Offences against the Person Act 1861. However on 21st November 2007 the PPS had
sent the applicant a letter stating -
“I am writing to notify you that the prosecution service has decided,
having considered the evidence currently available, not to prosecute
you in relation to an incident on 25th day of May 2007, for which
papers were submitted to our offices by the police.
[3] After receipt of the summons the applicant’s solicitors wrote to the PPS on 13
May 2008 seeking an explanation and the response of 13 June 2008 stated -

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2 cases
  • Director of Public Prosecutions v Patrick O’Neill
    • United Kingdom
    • Magistrates' Court (Northern Ireland)
    • October 7, 2013
    ...proceeding with the prosecution despite the representation.” 26. These principles were adopted by Weatherup J in Tsang’s Application [2008] NIQB 135. In R v Brown and Taylor (No.2) [2009] NICC 58, Hart J also highlighted that unfairness to the defendant is not the test, quoting Richardson J......
  • Queen v Nigel James Brown & Gary Ryan Taylor (No. 2)
    • United Kingdom
    • Crown Court (Northern Ireland)
    • September 25, 2009
    ...to show he has suffered detriment by the reversal of the representation or assurance that he would not be prosecuted, but in Tsang [2008] NIQB 135 Weatherup J considered this line of authority, and at [14] expressly adopted Lord Phillips’ formulation of the principles already set out, descr......

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