R v. Kennedy (On Appeal from the Court of Appeal (Criminal Division)), (2007)

Extract

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R v. Kennedy (On Appeal from the Court of Appeal (Criminal Division)), (2007)

HOUSE OF LORDS

SESSION 2006-07

47th REPORT

([2007] UKHL 38)

on appeal from: [2005] EWCA Crim 685

APPELLATE COMMITTEE

R.

v.

KENNEDY (ON APPEAL FROM THE COURT OF APPEAL (CRIMINAL DIVISION))

REPORT

Counsel

Appellant:

Patrick O'Connor QC

David Bentley

(Instructed by Bulllivant & Partners)

Respondent:

David Perry QC

Duncan Penny

(Instructed by Crown Prosecution Service)

Hearing date:

30 July 2007

Ordered to be printed: 17 October 2007

(HL Paper 178)

FORTY-SEVENTH REPORT

from the Appellate Committee

17 OCTOBER 2007

R v. Kennedy (On Appeal from the Court of Appeal (Criminal Division))

ORDERED TO REPORT

The Committee (Lord Bingham of Cornhill, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Carswell and Lord Mance) have met and considered the cause R v. Kennedy (On Appeal from the Court of Appeal (Criminal Division)). We have heard counsel on behalf of the appellants and respondents.

1.  This is the considered opinion of the committee.

2.  The question certified by the Court of Appeal Criminal Division for the opinion of the House neatly encapsulates the question raised by this appeal:

"When is it app...

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