Stone, R v [2000] EWCA Crim 48 (19th July, 2000)

Stone, R v [2000] EWCA Crim 48 (19th July, 2000)

The judge was entitled to refuse the witness summons because the defence failed to provide any evidential basis or particularised case that Den had entrapped the appellant. There was no evidence or detailed allegation that Den had 'instigated, persuaded, pressurised or wheedled' the appellant into committing the...

Source-derived case information.

Citation
[2000] EWCA Crim 48
Parties
Appellant: Appellant (Defendant); Respondent: Crown (Prosecution)
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Appeal Against Interlocutory Ruling (refusal to Issue Witness Summons)
Outcome
appeal dismissed
Legal Topics
Entrapment, Abuse of Process, Disclosure, Witness Summons, Exclusion of Evidence, Agents Provocateurs
Criminal Law Criminal Procedure Entrapment Abuse of Process Disclosure Witness Summons Exclusion of Evidence Agents Provocateurs

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Summary, issues, holding and outcome

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Parties

Appellant (Defendant)

Appellant

Crown (Prosecution)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Interlocutory Ruling (refusal to Issue Witness Summons)

Legal Issues

  1. 1 Whether the trial judge erred in law by refusing to issue a witness summons for an alleged informant (Den) during a voir dire on entrapment and exclusion of evidence.

Ratio Decidendi

The judge was entitled to refuse the witness summons because the defence failed to provide any evidential basis or particularised case that Den had entrapped the appellant. There was no evidence or detailed allegation that Den had 'instigated, persuaded, pressurised or wheedled' the appellant into committing the offences. The application was speculative and artificial, especially as Den's identity and whereabouts were unknown, and the conditions for issuing a witness summons were not satisfied.

Court Disposition

appeal dismissed