Jastrzebski & Anor, R v

[2008] EWCA Crim 3177

Case details

Case citations
[2008] EWCA Crim 3177
Court
Court of Appeal (Criminal Division)
Judgment date
18 December 2008
Judgment text

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Subjects
Criminal Criminal procedure Appellate procedure
Keywords
certificate of a point of law of general public importance leave to appeal to the House of Lords extension of time criminal appeal
Outcome
applications for certificate and leave to appeal refused
Judicial consideration

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Summary

Following dismissal of a criminal appeal, the Court of Appeal refused both an application for a certificate that a point of law was of general public importance and an application for leave to appeal to the House of Lords.

Factual background

A differently constituted full court, including Maddison J, had dismissed the applicant’s appeal in April 2008. An extension of time was then granted to apply for a certificate of a point of law of general public importance and for leave to appeal to the House of Lords.

The applications were considered by the judges who had determined the appeal. The court had to decide whether to grant either application.

Held

  1. The applications for a certificate and for leave to appeal to the House of Lords were refused.
  2. The applications had been lodged within an extension of time. They were considered by the members of the court which had determined the earlier appeal.

The court’s approach to earlier authorities

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Appellate history

  • Court of Appeal (Criminal Division): A differently constituted full court dismissed the appeal in April 2008. No citation is stated in the judgment.
  • Court of Appeal (Criminal Division): The present court refused the subsequent applications for a certificate of a point of law of general public importance and leave to appeal to the House of Lords.

Lower court decision

Judgment appealed:
Not stated in the judgment
Outcome:
applications for certificate and leave to appeal refused

Key cases cited

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Cases citing this case

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