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England and Wales Court of Appeal (Criminal Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Josephs, R v  EWCA Crim 2800 (17 December 2009)
Cite as:  EWCA Crim 2800
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London, WC2A 2LL
B e f o r e :
VICE PRESIDENT OF CACD
MRS JUSTICE RAFFERTY DBE
MR JUSTICE HEDLEY
|R E G I N A|
|VERNE EWAN JOSEPHS|
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Mr F Currie appeared on behalf of the Crown
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"I shall commit this case to this court from the Magistrates' Court."
"Well there we are. We will join the indictment. Counsel can be at liberty at a later stage if they want to object to joinder."
By those last words the judge was correctly preserving the Appellant's right to seek a direction under section 5(3) of the Indictments Act 1915 for separate trials of the two counts, if so advised. However, no such application was ever made, plainly realistically, and in due course in October 2007 the appellant was tried upon both counts and was convicted of both.
"Provided that if the judge or chairman of the court is satisfied that the said requirements have been complied with, he may, on the application of the prosecutor or of his own motion, direct the proper officer to sign the bill and the bill shall be signed accordingly.
Mr Shaw? He has been in custody.