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Criminal law – Trial. Four of the seven defendants charged with conspiracy to supply heroin applied to dismiss the charge, which was refused. However, the judge subsequently ruled that six defendants had no case to answer and the prosecution appealed. The Court of Appeal, Criminal Division, in allowing the appeal, held that the difference between the rulings did not matter, as the position at the close of the prosecution case had been dispositive. The judge had made an error of principle or had reached a conclusion not reasonably open to him, as the facts had been sufficient for the prosecution to answer the no case submissions at the close of its case.
Criminal law – Trial. Four of the seven defendants charged with conspiracy to supply heroin applied to dismiss the charge, which was refused. However, the judge subsequently ruled that six defendants had no case to answer and the prosecution appealed. The Court of Appeal, Criminal Division, in allowing the appeal, held that the difference between the rulings did not matter, as the position at the close of the prosecution case had been dispositive. The judge had made an error of principle or had reached a conclusion not reasonably open to him, as the facts had been sufficient for the prosecution to answer the no case submissions at the close of its case.
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