Nash & Anor, R. v [2023] EWCA Crim 654 (09 June 2023)

Nash & Anor, R. v [2023] EWCA Crim 654 (09 June 2023)

The cumulative effect of fundamental disclosure failures, improper admission and handling of unreliable hearsay evidence, lack of timely and adequate jury directions, and failure to consider statutory safeguards rendered the trial process unfair and the convictions unsafe. The only remedy was to quash the convictions and order a retrial.

Citation
[2023] EWCA Crim 654
Parties
Respondent: Rex; Appellant: Billy Charles Nash; Appellant: Luke Nash
Jurisdiction
England and Wales
Judgment Date
09 June 2023
Procedural Posture
Criminal Appeal / Appeal Against Conviction After Trial in Crown Court
Outcome
Convictions quashed; retrial ordered; conditional bail granted pending retrial.
Legal Topics
Disclosure Obligations, Hearsay Evidence, Jury Directions, Vulnerable Witnesses, Section 125 Criminal Justice Act 2003, Fair Trial, Contamination of Evidence
Criminal Law Disclosure Obligations Hearsay Evidence Jury Directions Vulnerable Witnesses Section 125 Criminal Justice Act 2003 Fair Trial Contamination of Evidence

Case Brief

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Parties

Rex

Respondent

Billy Charles Nash

Appellant

Luke Nash

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction After Trial in Crown Court

Legal Issues

  1. 1 Whether the Recorder erred in admitting hearsay evidence of a key witness without proper safeguards
  2. 2 Whether failures in disclosure and procedural safeguards rendered the trial unfair and convictions unsafe
  3. 3 Whether the exclusion of body-worn footage was a material error

Ratio Decidendi

The cumulative effect of fundamental disclosure failures, improper admission and handling of unreliable hearsay evidence, lack of timely and adequate jury directions, and failure to consider statutory safeguards rendered the trial process unfair and the convictions unsafe. The only remedy was to quash the convictions and order a retrial.

Court Disposition

Convictions quashed; retrial ordered; conditional bail granted pending retrial.

Orders

  • Convictions of Billy Charles Nash and Luke Nash quashed.
  • Retrial ordered for both appellants.