Khalisadar v R. [2010] EWCA Crim 147 (11 February 2010)
Even if there were breaches or irregularities in the conduct of the police investigation and searches, none amounted to the level of gross misconduct required to justify quashing the conviction or staying the proceedings. The appellant's grounds did not demonstrate a miscarriage of justice.
- Citation
- [2010] EWCA Crim 147
- Parties
- Appellant: Abdul Mukim Khalisadar; Respondent: The Crown
- Jurisdiction
- England and Wales
- Judgment Date
- 11 February 2010
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal and Appeal Judgment
- Outcome
- appeal and application for leave to appeal dismissed
- Legal Topics
- Rape, Conspiracy to Pervert the Course of Justice, Police Misconduct, Article 6 ECHR, Search Warrants, Voir Dire, Cautions
Case Brief
Summary, issues, holding and outcome
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Parties
Abdul Mukim Khalisadar
Appellant
The Crown
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Appeal Judgment
Legal Issues
- 1 Whether alleged police misconduct amounted to gross misbehaviour justifying quashing the conviction
- 2 Whether the decision to charge alibi witnesses deprived the appellant of Article 6 rights
- 3 Whether the trial judge erred in rulings regarding evidence and recusal
Ratio Decidendi
Even if there were breaches or irregularities in the conduct of the police investigation and searches, none amounted to the level of gross misconduct required to justify quashing the conviction or staying the proceedings. The appellant's grounds did not demonstrate a miscarriage of justice.
Court Disposition
appeal and application for leave to appeal dismissed
Full Case Text
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