Jastrzebski & Anor, R v

[2008] EWCA Crim 3177

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.

Appeal route

  1. Appealed fromNot stated in the judgmentThis appealapplications for certificate and leave to appeal refused
  2. This judgment [2008] EWCA Crim 3177 Court of Appeal (Criminal Division)

Key cases cited

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Cases citing this case

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