Simpson, R v [1998] EWCA Crim 392 (5th February, 1998)

Simpson, R v [1998] EWCA Crim 392 (5th February, 1998)

There was no abuse of process or exceptional unfairness in the Croydon proceedings; the trial judge exercised proper discretion regarding the order of trials and severance. The appellant was not deprived of witnesses willing to give truthful evidence. The conviction is not unsafe under the current statutory test.

Source-derived case information.

Citation
[1998] EWCA Crim 392
Parties
Appellant: Anthony Simpson; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Abuse of Process, Severance of Counts, Public Interest Immunity, Disclosure, Fair Trial, Unsafe Conviction
Criminal Law Abuse of Process Severance of Counts Public Interest Immunity Disclosure Fair Trial Unsafe Conviction

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 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Anthony Simpson

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the proceedings at Croydon Crown Court constituted an abuse of process rendering the subsequent trial unsafe
  2. 2 Whether the order of trials deprived the appellant of a fair opportunity to call witnesses, compromising his defence

Ratio Decidendi

There was no abuse of process or exceptional unfairness in the Croydon proceedings; the trial judge exercised proper discretion regarding the order of trials and severance. The appellant was not deprived of witnesses willing to give truthful evidence. The conviction is not unsafe under the current statutory test.

Court Disposition

appeal dismissed

Orders

  • Conviction upheld; appeal against conviction dismissed.