Townsend & Ors, R v [1997] EWCA Crim 1118 (8 May 1997)

Townsend & Ors, R v [1997] EWCA Crim 1118 (8 May 1997)

Bretscher's conviction quashed due to prejudice arising from his treatment as prosecution witness and subsequent use of his statements by Townsend; Townsend's convictions quashed as unsafe due to prejudice from joint trial with Bretscher; Dearsley's sentence reduced due to minor role and disparity with co-accused.

Citation
[1997] EWCA Crim 1118
Parties
Appellant: Bretscher; Appellant: Townsend; Appellant: Dearsley; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
08 May 1997
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeals of Bretscher and Townsend allowed; convictions quashed. Dearsley's appeal against sentence allowed; sentence reduced. Retrial ordered for Townsend. Bail granted for Townsend. Legal aid granted for retrial.
Legal Topics
Abuse of Process, Joinder and Severance, Conspiracy to Defraud, Conspiracy to Steal, Sentencing, Company Director Disqualification
Criminal Law Abuse of Process Joinder and Severance Conspiracy to Defraud Conspiracy to Steal Sentencing Company Director Disqualification

Case Brief

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Parties

Bretscher

Appellant

Townsend

Appellant

Dearsley

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether prosecution of Bretscher constituted abuse of process due to legitimate expectation not to be prosecuted
  2. 2 Whether joinder of Harrop and Fehrenbach counts was lawful
  3. 3 Whether refusal to sever counts or trials prejudiced Townsend

Ratio Decidendi

Bretscher's conviction quashed due to prejudice arising from his treatment as prosecution witness and subsequent use of his statements by Townsend; Townsend's convictions quashed as unsafe due to prejudice from joint trial with Bretscher; Dearsley's sentence reduced due to minor role and disparity with co-accused.

Court Disposition

Appeals of Bretscher and Townsend allowed; convictions quashed. Dearsley's appeal against sentence allowed; sentence reduced. Retrial ordered for Townsend. Bail granted for Townsend. Legal aid granted for retrial.

Orders

  • Bretscher's conviction quashed; no retrial.
  • Townsend's convictions quashed; retrial ordered on Harrop and Fehrenbach matters.