Collins & Ors, R v [2007] EWCA Crim 854 (20 April 2007)

Collins & Ors, R v [2007] EWCA Crim 854 (20 April 2007)

The judge's direction to the jury regarding their 'common law right' to stop the case was a material irregularity that rendered the convictions unsafe. The judge should have taken responsibility for ruling on the sufficiency of the evidence rather than inviting the jury to acquit. The practice of informing a jury of...

Source-derived case information.

Citation
[2007] EWCA Crim 854
Parties
Prosecution: R (Regina); Appellant/defendant: Michael Collins; Appellant/defendant: Colin Threadgill; Appellant/defendant: Peter Alan Morrison; Appellant/defendant: Bronson Tyers
Jurisdiction
England and Wales
Judgment Date
20 April 2007
Procedural Posture
Criminal Appeal / Appeal Against Conviction After Trial at First Instance
Outcome
Appeals allowed; convictions quashed; retrial ordered.
Legal Topics
Conspiracy to Kidnap, Conspiracy to Blackmail, Judicial Directions to Jury, Abuse of Process, Adverse Inference From Silence, Disclosure Obligations, Case Management, Jury Functions
Criminal Law Conspiracy to Kidnap Conspiracy to Blackmail Judicial Directions to Jury Abuse of Process Adverse Inference From Silence Disclosure Obligations Case Management +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

R (Regina)

Prosecution

Michael Collins

Appellant/defendant

Colin Threadgill

Appellant/defendant

Peter Alan Morrison

Appellant/defendant

Bronson Tyers

Appellant/defendant

Procedural Posture

Criminal Appeal / Appeal Against Conviction After Trial at First Instance

Legal Issues

  1. 1 Whether the trial judge's direction to the jury regarding their 'common law right' to stop the case constituted a material irregularity rendering the convictions unsafe
  2. 2 Whether the judge should have ruled there was no case to answer
  3. 3 Whether the summing-up and directions on the functions of judge and jury were adequate

Ratio Decidendi

The judge's direction to the jury regarding their 'common law right' to stop the case was a material irregularity that rendered the convictions unsafe. The judge should have taken responsibility for ruling on the sufficiency of the evidence rather than inviting the jury to acquit. The practice of informing a jury of its right to stop a case is comprehensively disapproved and was wholly inappropriate in this complex, multi-defendant case. The convictions were quashed and a retrial ordered.

Court Disposition

Appeals allowed; convictions quashed; retrial ordered.

Orders

  • Convictions of Michael Collins, Peter Alan Morrison, Colin Threadgill, and Bronson Tyers quashed.
  • Retrial directed.