Beardall & Anor, R. v

Beardall & Anor, R. v

Fresh evidence and post-trial disclosure do not demonstrate abuse of process, entrapment, or corruption of investigation. The involvement of customs officer Bernie Small, while greater than previously disclosed, does not materially affect the safety of the convictions. The investigation was legitimate and properly...

Source-derived case information.

Parties
Respondent: The Queen; Appellant: Barry William Beardall; Appellant: Samuel Lord
Jurisdiction
England and Wales
Judgment Date
23 March 2006
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
Appeals dismissed; convictions upheld.
Legal Topics
Conspiracy, Customs and Excise, Disclosure, Abuse of Process, Entrapment, Participating Informants
Criminal Law Conspiracy Customs and Excise Disclosure Abuse of Process Entrapment Participating Informants

Source-derived case record

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Parties

The Queen

Respondent

Barry William Beardall

Appellant

Samuel Lord

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether fresh evidence and post-trial disclosure demonstrate abuse of process or entrapment
  2. 2 Whether non-disclosure of material by prosecution rendered trial unfair
  3. 3 Whether involvement of customs officers and informants contaminated investigation

Ratio Decidendi

Fresh evidence and post-trial disclosure do not demonstrate abuse of process, entrapment, or corruption of investigation. The involvement of customs officer Bernie Small, while greater than previously disclosed, does not materially affect the safety of the convictions. The investigation was legitimate and properly conducted. No real possibility exists that the new material would have affected the outcome of the trial or rendered the convictions unsafe.

Court Disposition

Appeals dismissed; convictions upheld.