R v Welcher & Ors

R v Welcher & Ors

The disciplinary interviews were admissible as they were conducted as part of an internal employment investigation, not a criminal investigation, and their admission did not render the trial unfair. The summing-up, as supplemented, sufficiently directed the jury on the issues. The sentences imposed reflected the seriousness, scale, and duration of the offences and were not manifestly excessive.

Parties
Respondent: R; Appellant: Anthony Frederick Welcher; Appellant: Barry Alexander Simpson; Appellant: Roger Harper
Jurisdiction
England and Wales
Judgment Date
02 March 2007
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals dismissed
Legal Topics
Conspiracy to Corrupt, Conspiracy to Defraud, Admissibility of Evidence, Sentencing
Criminal Law Conspiracy to Corrupt Conspiracy to Defraud Admissibility of Evidence Sentencing

Case Brief

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Parties

R

Respondent

Anthony Frederick Welcher

Appellant

Barry Alexander Simpson

Appellant

Roger Harper

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether disciplinary interviews conducted by a company manager were inadmissible under Section 67(9) of the Police and Criminal Evidence Act 1984
  2. 2 Whether the summing-up by the trial judge was inadequate such as to render the verdicts unsafe
  3. 3 Whether the sentences imposed were manifestly excessive

Ratio Decidendi

The disciplinary interviews were admissible as they were conducted as part of an internal employment investigation, not a criminal investigation, and their admission did not render the trial unfair. The summing-up, as supplemented, sufficiently directed the jury on the issues. The sentences imposed reflected the seriousness, scale, and duration of the offences and were not manifestly excessive.

Court Disposition

Appeals dismissed

Orders

  • Convictions and sentences upheld for all appellants