Austin & Anor, R v [2011] EWCA Crim 345 (24 February 2011)

Austin & Anor, R v [2011] EWCA Crim 345 (24 February 2011)

The court held that the Crown was entitled to adduce evidence implicating Everett as a co-conspirator in the retrial, despite his acquittal in the first trial, as there was substantial evidence of his involvement and no unfairness or abuse of process arose. The acquittal only barred Everett's retrial, not the...

Source-derived case information.

Citation
[2011] EWCA Crim 345
Parties
Respondent: Regina; Appellant: Alan Brian Austin; Appellant: Ali Tavakolinia
Jurisdiction
England and Wales
Judgment Date
24 February 2011
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
appeal dismissed
Legal Topics
Conspiracy, Admissibility of Evidence, Acquittal, Fair Trial, European Convention on Human Rights
Criminal Law Conspiracy Admissibility of Evidence Acquittal Fair Trial European Convention on Human Rights

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 3 Authorities cited 7 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Regina

Respondent

Alan Brian Austin

Appellant

Ali Tavakolinia

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether evidence relating to a co-conspirator acquitted in a prior trial can be admitted against remaining defendants in a retrial
  2. 2 Whether the retrial and admission of such evidence violates fairness or ECHR rights

Ratio Decidendi

The court held that the Crown was entitled to adduce evidence implicating Everett as a co-conspirator in the retrial, despite his acquittal in the first trial, as there was substantial evidence of his involvement and no unfairness or abuse of process arose. The acquittal only barred Everett's retrial, not the assertion of his participation in the conspiracy against other defendants.

Court Disposition

appeal dismissed

Orders

  • Leave to appeal against conviction refused
  • Leave to appeal against sentence refused