The defendants appealed convictions and sentences for a long series of armed robberies. The evidence centred on the admissions of a participant, whose statement, the defendants alleged was self serving and unreliable, and in one case served a personal desire to implicate the defendant. It was said that earlier versions of his statement had not been served, depriving them of opportunities to challenge his statement, and that the police had allowed him to commit offences whilst on leave from prison with impunity.
Held: The non-disclosure was not of such material or to an extent which would have affected the trials.
Judges:
Lord Justice Mantell Mrs Justice Rafferty Mr Justice Grigson
Citations:
[2003] EWCA Crim 1372
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Hickey, Hickey, Robinson, Molloy CACD 30-Jul-1997
The case concerned the production for the benefit of the defence, of the prison records of a prosecution witness who was putting forward an account of a cell confession. The Appeal Court is not concerned with the guilt or innocence of the appellant, . .
Cited – Regina v Phillipson CACD 1990
The prosecution had failed to disclose certain letters and photographs exchanged by the Defendant and the father of her child and used them in cross-examination to rebut her defence that she had been carrying drugs under duress exerted by him. The . .
Cited – Regina v McGarry CACD 16-Jul-1998
Where the judge decided that no inference could be drawn from the defendant’s silence, because of the absence of facts which could have been mentioned, he had a duty positively to warn the jury not arbitrarily to draw adverse inferences from the . .
Cited – Raymond Christopher Betts, John Anthony Hall v Regina CACD 9-Feb-2001
The defendants appealed convictions for causing grievous bodily harm. During interviw, the solicitor had advised that since the police had failed to make proper disclosure of the evidence, his client should not answer. He now appealed complaining of . .
Lists of cited by and citing cases may be incomplete.
Crime, Criminal Sentencing
Updated: 21 July 2022; Ref: scu.183726
