Steven Ball successful in the Court of Appeal 

Steven Ball has been successful in the Court of Appeal where he appeared for the Crown in response to an appeal against a conviction for conspiracy to import cannabis resin via Spain within Citronella candle pots.

This was a technical appeal relating to the validity of the magistrates court’s procedure in sending a defendant to the Crown Court under section 51 of the Criminal Justice Act 2003. The appeal focused on alleged deficiencies in the postal requisition, which described the offence as a conspiracy to evade duty on cannabis resin, while the perfected indictment later alleged conspiracy to evade the prohibition on importation. It was suggested that these deficiencies reflected systemic failures in the lower court.

The Court disagreed that the offence on the requisition was not known to law.  They also found that the requisition, though imprecise, clearly described the offence in plain language, detailing the importation of cannabis and the associated conspiracy. The Court ruled that Section 29 of the Criminal Justice Act 2003 and Criminal Procedure Rules 7(3) did not require the requisition to specify the exact nature of the conspiracy and that the Crown Court had jurisdiction.

Steven drafted a comprehensive Respondent’s Notice, which was incorporated and elaborated upon in the oral submissions presented by leading counsel.

Steven was led by Tony Badenoch KC of 6KBW College Hill and instructed by Lorna Glove, CPS Appeals and Review Unit.

The appeal was heard by Lord Justice Dove, Mrs Justice Brunner J and HHJ Edmunds KC.