 |
[Home]
[Databases]
[World Law]
[Multidatabase Search]
[Help]
[Feedback]
[DONATE]
|
England and Wales Court of Appeal (Criminal Division) Decisions
|
You are here:
BAILII >>
Databases >>
England and Wales Court of Appeal (Criminal Division) Decisions >>
Canavan & Ors, R. v [1997] EWCA Crim 1773 (10 July 1997)
URL: https://www.bailii.org/ew/cases/EWCA/Crim/1997/1773.html
Cite as:
[1997] Crim LR 766,
[1997] EWCA Crim 1773,
[1998] 1 All ER 42,
(1997) 161 JP 709,
[1998] 1 WLR 604,
[1998] WLR 604,
[1998] 1 Cr App Rep 79,
[1998] 1 Cr App R 79,
[1998] 1 Cr App R (S) 243,
[1998] 1 Cr App Rep (S) 243
|
[New search]
[Context
]
[View without highlighting]
[Printable RTF version]
[Buy ICLR report: [1998] 1 WLR 604]
[Help]
|
|
Neutral Citation Number: [1997] EWCA Crim 1773 |
|
|
No. 97/1484/Z2 |
IN THE COURT OF APPEAL
CRIMINAL DIVISION
|
|
Royal Courts of Justice The Strand London WC2 |
|
|
10 July 1997 |
B e f o
r
e :
THE LORD CHIEF JUSTICE OF ENGLAND
(Lord Bingham of Cornhill)
THE
VICE
PRESIDENT
(Lord Justice
Rose)
and
MR
JUSTICE JOWITT
____________________
____________________
Computer Aided Transcription by
Smith Bernal, 180 Fleet Street, London EC4
Telephone 0171-831 3183
(Official Shorthand Writers to the Court)
____________________
MR STUART DRIVER appeared on behalf of THE APPELLANT DARREN
CANAVAN
MR
REX
TEDD QC appeared on behalf of THE APPELLANT PHILIP KIDD
MR JOHN WARREN QC appeared on behalf of THE APPELLANT DENNIS SHAW
MR
VICTOR
TEMPLE QC and MR SIMON LAWS appeared on behalf of THE CROWN
____________________
HTML
VERSION
OF JUDGMENT
____________________
Crown Copyright ©
Thursday 10 July 1997
THE LORD CHIEF JUSTICE:
- These three appeals
raise
a common issue of principle concerning specimen or sample counts in an indictment. The issue may be expressed as follows:
"If a defendant is indicted and convicted on a count charging him with criminal conduct of a specified kind on a single specified occasion or on a single occasion within a specified period, and such conduct is said by the prosecution to be
representative
of other criminal conduct of the same kind on other occasions not the subject of any other count in the indictment, may be court take account of such other conduct so as to increase the sentence it imposes if the defendant does not admit the commission of other offences and does not ask the court to take them into consideration when passing sentence?"
-
Recently
decided cases offer differing answers to this question: see
R
v
Clark [1996] 2 Cr App
R(S)
351;
R
v
Bradshaw [1997] Crim LR 239;
R
v
Barry (30 July 1996 unreported). These cases summarise, with great clarity, the opposing arguments and the authorities
relied
on in support of each. The issue is one of great practical importance to those
responsible
for framing indictments and to sentencing courts. It is
very
desirable that a clear answer to the question should be given and any doubt dispelled.
- For
very
many years prosecuting authorities have framed indictments including a small number of specimen or sample counts said to be
representative
of other criminal offences of a like kind committed by the defendant. This may, for example, be done where a defendant is said to have sexually abused a child
victim
frequently over a period, but the child is unable to particularise any specific occasions on which abuse occurred. Two or three counts, perhaps, may be included in the indictment; the prosecutor will make plain that there are specimen counts; and the
victim
will give evidence of the frequency with which the abuse occurred. The practice may also be adopted where, for example, a defendant is said to have obtained money by deception on numerous occasions: instead of burdening the indictment with numerous counts charging all the instances
relied
on, a few counts only may be included, and it will be made plain to the court and the jury that these are
relied
on as
representative
of a more extensive course of similar conduct. If, in a situation such as this, the jury convicts the defendant on one or more specimen counts, the practice of the court has been to pass a sentence which takes account not simply of the isolated instances specified in the counts but also of the conduct of which, on the evidence adduced by the prosecution, those counts are
representative.
This is undoubtedly a convenient and economical way of proceeding in cases of this kind, and when appeals have
reached
this Court against sentences passed on sample or specimen counts no objection has been
raised
to the practice. It is, however, submitted for the appellants that the practice is contrary to fundamental principle and inconsistent with
recent
statutory provisions.
- A defendant is not to be convicted of any offence with which he is charged unless and until his guilt is proved. Such guilt may be proved by his own admission or (on indictment) by the
verdict
of a jury. He may be sentenced only for an offence proved against him (by admission or
verdict)
or which he has admitted and asked the court to take into consideration when passing sentence: see
R
v
Anderson [1978] AC 964. If, as we think, these are basic principles underlying the administration of the criminal law, it is not easy to see how a defendant can lawfully be punished for offences for which he has not been indicted and which he has denied or declined to admit.
- It is said that the trial judge, in the light of the jury's
verdict,
can form his own judgment of the evidence he has heard on the extent of the offending conduct beyond the instances specified in individual counts. But this, as it was put in
R
v
Huchison (1972) 56 Cr App
R
307 at 309, [1972] 1 WLR 398 at 400 is to "deprive the appellant of his
right
to trial by jury in
respect
of the other alleged offences." Unless such other offences are admitted, such deprivation cannot in our
view
be consistent with principle.
- Sometimes, it is said, the
verdict
of the jury on one count inevitably involves a finding that the defendant has committed other offences for which he may therefore be properly sentenced.
R
v
Mills (1979) 68 Cr App
R
154 is
relied
on as such a case. One of the appellants in that case (Price) was convicted on a single count of corruptly accepting a sum of money of unspecified amount. The count was so framed because the prosecution were unable to specify what he had
received
and when. His own evidence made it plain that he had
received
cheques or £50 cash on numerous occasions, the total
received
being some £5450. The judge at the trial, with the assent of the prosecution, took one £50 payment as a sample, but on conviction sentenced Price for
receiving
the aggregate sum of which he took the
view
the jury, by their
verdict,
had inevitably convicted him. This Court approved that course, and since Price's explanation of all the
receipts
was the same it seems clear that the jury would have convicted him in
relation
to each
receipt
had each
receipt
been the subject of a separate count. It does, however, seem to us that there is a
remaining
problem: if the single unamended count embraced a series of different payments on different dates it would appear to have infringed the
rule
that only one offence may be charged in each count of an indictment; if, on the other hand, the single count was to be understood as charging a single
receipt
of £50, it is hard to see how Price was convicted of corruptly
receiving
any of the other payments, and since he did not admit any offences or ask for them to be taken into consideration the approved basis of sentence would seem hard to justify in principle.
-
R
v
Bradshaw, above, is
relied
on as a similar case. The defendant was alleged to have
run
a fraudulent investment scheme. He was convicted on five counts of theft, each count involving a specific sum
received
from a specific investor, the aggregate of the five counts being £97,000. The overall loss caused by the scheme was £3 million and the defendant was extradited on 138 individual charges of theft. In challenging a sentence of six years in total the defendant complained that the judge had in fact, although disclaiming an intention to do so, sentenced him on the basis of the overall deficiency and not the thefts of which he had been convicted. For the prosecution it was argued, on appeal, that guilty
verdicts
on the five counts "would inevitably have involved guilty
verdicts
in
relation
to all the other
victims
had counts been present in the indictment." The Court upheld that contention: distinguishing
R
v
Clark, above, it approved the approach of the court below:
"The present case was presented and contested in such a way that the extent of the offending, although not admitted or proved by
verdict,
necessarily follows from the
verdicts
reached
on the counts charged. In such a case, the Court is entitled to take into account the scale and multiplicity of offending as available information about the circumstances of the offences proved. Those offences were committed in the context of a fraud involving many
victims
and a
very
large sum of money, which in the present case should not be ignored. Provided the Court can adopt that approach, which in our
view
it can on the somewhat unusual facts of this case, the sentence of six years is appropriate."
- Differing with
respect
from this conclusion, we think it inconsistent with principle that a defendant should be sentenced for offences neither admitted nor proved by
verdict.
Nor, also differing from the conclusion in
R
v
Bradshaw, do we understand the Criminal Justice Act 1991 to legitimate the practice of sentencing for unindicted, unadmitted offences. Section 1(2) provides, so far as material
".... the court shall not pass a custodial sentence on the offender unless it is of the opinion --
(a) that the offence, or the combination of the offence and one or more offences associated with it, was so serious that only such a sentence can be justified for the offence; or
(b) where the offence is a
violent
or sexual offence, that only such a sentence would be adequate to protect the public from serious harm from him."
- As originally enacted, section 1(2)(a)
referred
to ".....the offence, or the combination of the offence and one other offence associated with it....." (our emphasis).
Section 2(2) provides that
"The custodial sentence shall be --
(a) for such term (not exceeding the permitted maximum) as in the opinion of the court is commensurate with the seriousness of the offence, or the combination of the offence and one or more offences associated with it; or
(b) where the offence is a
violent
or sexual offence, for such longer term (not exceeding that maximum) as in the opinion of the court is necessary to protect the public from serious harm from the offender."
Section 31(2) provides that
".... an offence is associated with another if --
(a) the offender is convicted of it in the proceedings in which he is convicted of the other offence, or (although convicted of it in earlier proceedings) is sentenced for it at the same time as he is sentenced for that offence; or
(b) the offender admits the commission of it in the proceedings in which he is sentenced for the other offence and
requests
the court to take it into consideration in sentencing him for that offence".
- It is clear that "the offence" in sections 1 and 2 means an offence to which an offender has pleaded guilty or of which (in a trial on indictment) he has been convicted by a jury. The offences of which account may be taken when considering custody or determining the length of sentence are here clearly defined. They do not include unindicted, unadmitted offences.
In forming its opinion under subsection (2) of sections 1 or 2 a court, by section 3(3),
"(a) shall take into account all such information about the circumstances of the offence or (as the case may be) of the offence and the offence or offences associated with it, (including any aggravating or mitigating factors) as is available to it; and
(b) in the case of any such opinion as is mentioned in paragraph (b) of that subsection, may take into account any information about the offender which is before it."
- This subsection enables the court to take full account of any factors which aggravate or mitigate the offence or offences for which the offender falls to be sentenced, and account may be taken of acts done in the course of committing that offence or offences, even where such acts might have been separately charged; in the case of
violent
and sexual offenders account may be taken of the offender's personal history and background and any psychiatric evidence there may be about the offender's personality and propensities. We cannot, however,
read
section 3(3) as entitling the court to base its opinion on the commission of offences not forming part of the offence or offences for which the offender is to be sentenced and not themselves the subject of prosecution.
- We conclude that the Court
reached
the correct conclusion in
R
v
Clark, and to the extent that that decision is at
variance
with other authority it is in our judgment to be preferred.
- Prosecuting authorities will wish, in the light of this decision and
R
v
Clark, to include more counts in some indictments. We do not think this need be unduly burdensome or
render
the trial unmanageable. The indictment in
R
v
Kidd provides a convenient example. It contained 18 counts alleging abuse of 8 different girls. Most of the counts
related
to a period of one or two calendar years, or in some cases part of a calendar year. The defendant was ultimately convicted of four counts only, and we do not of course question the jury's
verdict;
but had there been convictions on other counts there would in our judgment have been enough proof of the defendant's criminality to enable the court to pass an appropriate sentence even without treating the counts as samples or specimens.
- Counsel for the appellant Kidd does, however,
raise
a more fundamental objection to the counts in this indictment. Taking count 1 as an example, we find that the particulars are that the defendant
".... on a day between the 1st January 1991 and the 31st December 1991 indecently assaulted ...."
- The
victim,
giving evidence, testified that such assaults had happened frequently: hence the presentation of this as a sample count. It was argued that since the count was intended to cover numerous indecent assaults it offended against
Rule
4(2) of the Indictment
Rules
1971 which
requires
each offence to be the subject of a separate count. This is in our judgment a bad argument. The particulars
refer
to "a day". The judge directed the jury that they had to be satisfied that the defendant had indecently assaulted the
victim
once during the calendar year. While there could, if the evidence supported it, have been more counts covering different periods of the year, this was not how the indictment was drawn and the direction to the jury was correct. It was only in
relation
to sentence that the counts were treated as sample counts.
We turn now to the individual appellants.
Kidd
- The appellant Kidd was convicted on 27 November 1996 at Derby Crown Court before His Honour Judge Morrison of four counts of indecent assault and was sentenced to 15 months' imprisonment on one count and to concurrent sentences of 12 months' on each of the other three counts. There were other similar counts on which
verdicts
of not guilty were
returned
and others upon which the jury could not agree and on which, on the prosecution's decision not to proceed further,
verdicts
of not guilty were entered on the direction of the trial judge. The appellant appeals by leave of the single judge against his conviction. His application for leave to appeal against sentence was
referred
by the single judge to the full court.
- The appellant was headmaster of a primary school in Derbyshire at which the two girls whom he indecently assaulted were pupils. The assaults were not the most serious of their kind but nor were they the most minor. The appellant put his hand over the private parts of each of the girls over their clothing on a number of occasions when he was in the classroom with them.
- Each of the counts was put forward as a specimen of a greater number of indecent assaults against the girls named in them. None of the counts linked the offence charged to a particular occasion and the jury were directed that if they were sure there was at least one indecent assault upon the girl named during the period stated in the count under consideration they should convict upon that count.
- Mr Tedd QC argues on behalf of this appellant that because the two complainants said the assaults upon them occurred in the classroom, whereas a witness said she had seen such assaults occur at a different location, there may not have been unanimity among the jury. A
verdict
of guilty, it is said, could have meant that some of the jury were satisfied only about an incident in one location and that others were satisfied only about a similar incident in another location so that they would not have been agreed on the same incident. The answer to this is that particulars of the offences were given by the prosecution stipulating the location as the classroom and it is clear from the way the case was conducted that that was the location about which the jury must have been sure before they convicted. This ground is
rejected.
- Next it is complained that although the prosecution did not suggest to the jury that the evidence in
relation
to one complainant might assist them in considering the evidence of another but said, on the contrary, that the evidence of each complainant should be considered separately the judge in summing up treated the evidence of each of them as similar fact evidence in
relation
to each of the others. In fact he directed the jury that they had to be sure the touching complained of, if it occurred, was not innocent. He invited them to consider whether, if it had occurred, it would be stretching coincidence too far to
regard
it as innocent. He added that save for that one point the evidence of the complainants had to be considered separately. In our
view
this point about which complaint is made was an obvious one for the jury to consider and they were properly entitled to consider it. This ground also fails.
- Finally, complaint is made that when the judge gave a majority direction he spoke about the way in which a jury can be helped to
reach
a decision when its members listen to and consider each other's
views
and the
reasons
given for those
views
and said also that the appellant was entitled to know what was the jury's judgment of the facts. It is complained that in saying these things the judge put pressure on the jury to
reach
a
verdict
and that this was contrary to the clear warning against this contained in
R
v
Watson (1988) 87 Cr App
R
1, [1988] QB 690,
repeated
in
R
v
Buono (1992) 95 Cr App
R
338. We quite fail to see that the words complained of could have led the jury to feel they were under any pressure to
reach
verdicts.
Clearly they were not, because four hours later they had
reached
only some
verdicts
and said through their foreman that there was no
real
possibility of
reaching
verdicts
in
respect
of the
remaining
counts if given further time. We
reject
this ground.
- Having
rejected
the grounds of appeal which have been argued before us there is in our judgment no ground for calling into question the safety of the convictions of this appellant and his appeal against conviction is dismissed.
- We turn to his application for leave to appeal against sentence. The judge treated the counts as specimen counts for the purpose of sentencing in the way many judges have done before but which we have held to be impermissible. We have to consider, therefore, whether a sentence of 15 months' imprisonment was manifestly excessive for just these four offences -- three against one girl and one against the other -- by this man who was in a position of trust and authority over them and who so grossly abused that position.
- We bear in mind his previous good character and the
very
high
regard
in which he was held by those who knew him as a man and as a teacher. We bear in mind also the devastating effect upon him of the fact of conviction with the consequent loss of career and
reputation.
It is important, though, that there should be confidence in the sexual propriety of school teachers in
relation
to pupils in their charge. There was not here the mitigation of a plea of guilty. We are quite unable to say that a sentence of 15 months' imprisonment for these four offences, not
viewed
for the purpose of sentencing as specimen counts, was manifestly excessive and we
refuse
this application for leave.
Canavan
- At Liverpool Crown on 7 February 1997 this appellant was convicted by the jury and sentenced by His Honour Judge Hamilton as follows: count 1 Damaging property 12 months' imprisonment; count 2 Intimidating a witness 2 years' imprisonment -- concurrently; count 3 Assault occasioning actual bodily harm 2 years' imprisonment -- concurrently; count 4 Assault occasioning actual bodily harm 2 years' imprisonment -- concurrently; count 5 Wounding with intent 5 years' imprisonment -- consecutively to the sentences imposed on counts 1 to 4. The total sentence was therefore 7 years' imprisonment. His application for leave to appeal against sentence was
referred
to the full court by the
Registrar
as the sentence on count 1 was unlawful: the maximum sentence was 3 months' imprisonment. We granted leave.
- The
victim
of counts 2 and 3 was Harbans Bining. With his wife and two sons Surrinder and Sarbjeet, who were
respectively
the
victims
of counts 4 and 5, he
ran
two general stores in Liverpool. In March 1996 one of the stores was the subject of an armed
robbery
and the Binings were due to give evidence against the
robber.
From the date of the
robbery
the appellant was said to have
visited
the shop
repeatedly
seeking to discourage them from giving evidence and threatening to shoot them. Early in the morning of 15 September 1996, which was the date specified in all the counts of the indictment, the appellant went into the shop, shouted "Paki I am going to burn your shop down" and interfered with a display of bread and milk, doing £8 worth of damage. This gave
rise
to count 1. At lunchtime, as Mr Bining was leaving the shop in his
van,
the appellant opened his door, seized his jacket and shouted "you'
re
not going to court are you?" He dragged Mr Bining from the
van,
spat in his face and punched him several times so that he sustained heavy bruising to the face, a cut ear and loose teeth. This gave
rise
to counts 2 and 3. Surrinder Bining saw what was happening and
ran
over. The appellant punched him in the face
repeatedly
and was joined by two other males who also punched him. He sustained cuts and bruising to the face. This gave
rise
to count 4. Sarbjeet Bining heard the commotion. He
ran
over and was punched by the appellant's friends who shouted
racist
abuse. The appellant bit off part of his left ear and, with the two others,
ran
off laughing. When he was arrested a few days later the appellant admitted spilling the milk but said this was because he had been short changed. He denied making any threats or
racially
abusing the Bining family. It was the Binings who had shouted abuse at him and punched him. He admitted biting one of them and punching Mr Bining. He said he had suffered a cut to the nose and a hairline fracture but was unable to point out any injury. He agreed that he knew the man charged with the
robbery
but denied that he had threatened the family not to give evidence.
- The appellant is 25 and has previous convictions including two for assault occasioning actual bodily harm. He has not previously been imprisoned.
- In passing sentence, the judge said he had formed a
very
unfavourable
view
of the appellant, whose behaviour was of the kind that caused people to give up business. He accepted, as the jury must have done, that the appellant had threatened the family on numerous occasions as part of a determined campaign to stop them testifying.
- For the appellant, Mr Driver submits that, in addition to passing an unlawful sentence on count 1, the judge was not entitled, when imposing the 2 year sentence for intimidating a witness, to do so on the express basis that the appellant had
repeatedly
visited
the premises over a period of time, sometimes more than once a day. In the light of the principles which we have earlier enunciated we accept that this submission is well founded. Accordingly, we shall quash the sentence of 2 years' and substitute for it a sentence of 12 months' imprisonment. The sentence of 12 months' on count 1 is likewise quashed and we substitute for it a sentence of 3 months' imprisonment. As the sentences imposed on counts 1 and 2 were ordered to
run
concurrently with the 2 year sentences imposed on counts 3 and 4, which were consecutive to the 5 years' imposed on count 5, the total sentence of 7 years' imprisonment
remains
unchanged. To the limited extent indicated this appeal is allowed.
Shaw
- On 25 October 1996 at Derby Crown Court this appellant, who is now 73, was convicted of 8 counts of indecent assault and 1 of
rape
in
relation
to six
victims.
He was acquitted of one count of
rape
in
respect
of one of those six
victims,
namely [C]. In
relation
to three other
victims
he was acquitted of three other counts of indecent assault and
verdicts
of not guilty were entered in
relation
to two counts of gross indecency with a child and one of indecent assault on a male. By a combination of concurrent and consecutive sentences of 18 months' or 2 years' imprisonment Judge Appleby QC sentenced him to a total of 8 years' imprisonment for the offences of indecent assault. He passed a sentence of 12 years' concurrently for the offence of
rape.
The total sentence was therefore 12 years'. He appeals against sentence by leave of the single judge.
- The offences of which he was convicted
related
to his daughter [P] (when she was 5 he placed his hands inside her knickers and when she was 10 or 11 he inserted a finger into her
vagina),
his niece [G] (into whose
vagina
he inserted a finger when she was 6 or 7), his niece [S] (into whose
vagina
when she was about 8 he inserted a finger when she was in the bath and subsequently when she was in his car and he gave her money), his niece [L] (whom he kissed and fondled beneath her clothing when she was 5), an unrelated girl (with whom he had intercourse for money when she was 14), and [C] (an unrelated 6 year old into whose
vagina
he inserted his finger). The
victim
of the
rape
was his niece [L] whom he took to a hotel when she was about 13. The offences in
relation
to [L] were properly presented as specimen counts, that of indecent assault
reflecting
a course of conduct over 10 years and that of
rape
reflecting
intercourse on about seven occasions over a two to three year period from about the age of 11. This 16 count indictment shows that it is possible, without excessive overloading, to confer on the judge adequate sentencing powers by way of sample counts, even though as many as nine
victims
were said to be involved in different offences over a
very
long period.
- Before he passed sentence, the judge's attention was drawn to Clark. In passing sentence he
referred
to the 34 years spanned by the offences of which the appellant had been convicted, during which he had abused these children. He
referred
to a number of aggravating features including the abuse of his position of
responsibility,
the fact that the children were
very
young, the pleas of not guilty and the possibility of damage to the children. In
relation
to the offence of
rape
he
referred
to the defence that the girl had been between 16 and 17 and had seduced him. Mr Warren QC submits,
rightly,
that the judge should not have
referred
to the pleas of not guilty as aggravating features. He submits that the sentence of 12 years' was too long for a single offence of
rape
in the light of the appellant's age and
very
poor state of health: he suffers from epilepsy, emphysema, back pain, prostate trouble, occasional confusion and cataracts so that he cannot
read.
Mr Warren
referred
us to the case of Francis C (1993) 14 Cr App
R(S)
562. The appellant, a man of 79, appealed against a sentence of 8 years' imprisonment. He had been convicted of a series of
very
serious sexual offences including buggery and
rape
on more than one occasion against his five grandchildren, over a period of 15 years. The appellant suffered from some ill-health and had a disabled wife. Lord Taylor CJ said that, had the appellant been younger, a sentence in the
region
of 12 years' would have been appropriate and the sentence passed was "as great a
reduction
as these appalling circumstances could permit".
- We are satisfied that, in passing the sentence which he did for the offence of
rape,
the learned judge properly and in accordance with Clark imposed a sentence for the single offence
rather
than for a number of such offences. Taking into account the circumstances of the offence and the appellant's pitiful medical condition, we take the
view
that the sentence of 12 years' was too long. Accordingly, it will be quashed and there will be substituted for it a sentence of 8 years', so that the total sentence to be served will be 8 years'. To that extent his appeal is allowed.
- MR TEMPLE: My Lord, may I
rise
to make an application under the provisions of section 33(2) of the Criminal Appeal Act 1968, firstly to invite your Lordships to certify that a point of law of general public importance is involved as is set out in the question you pose in the first page of the transcript? My Lord, that seems to me, if I may say so, precisely to identify the point in issue and any further drafting by counsel would not be necessary. Secondly, if your Lordships were minded to certify, would your Lordships grant leave?
- THE LORD CHIEF JUSTICE: Thank you. Does anybody wish to contribute to that?
- MR TEDD: No, thank you, my Lord.
- MR WARREN: No, thank you, my Lord.
- THE LORD CHIEF JUSTICE: We shall certify in the terms set out on page 1 of the written text. We shall not grant leave for two
reasons:
first, we think it is better that their Lordships study the matter and make their own decision as to whether they wish to entertain an appeal; secondly (and this is a subordinate point), we are not sure you have anything to appeal against since you have succeeded. I appreciate that you do not welcome the statement of the law that we have made. We shall certify, but we shall
refuse
leave. Thank you
very much.
_________________________
BAILII:
Copyright Policy |
Disclaimers |
Privacy Policy |
Feedback |
Donate to BAILII
URL: https://www.bailii.org/ew/cases/EWCA/Crim/1997/1773.html