Togher & Ors, R v [2000] EWCA Crim 111 (9 November 2000)

Togher & Ors, R v [2000] EWCA Crim 111 (9 November 2000)

The failures of the prosecution in disclosure and conduct did not amount to the exceptional category of misconduct required to justify setting aside the appellants' freely entered guilty pleas. The appellants were not deprived of the ability to defend themselves at a retrial, and the irregularities did not go to the core of innocence or guilt but only to the credibility of prosecution witnesses. The convictions are not unsafe and the appeals are dismissed.

Citation
[2000] EWCA Crim 111
Parties
Appellant: Brian Peter Doran; Appellant: Robert Parsons; Appellant: Mr Togher; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
09 November 2000
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals against conviction and sentence dismissed; confiscation orders stand subject to possible reconsideration pending Privy Council decision.
Legal Topics
Abuse of Process, Disclosure, Plea of Guilty, Misuse of Drugs Act 1971, Confiscation Orders, Human Rights, Fair Trial
Criminal Law Abuse of Process Disclosure Plea of Guilty Misuse of Drugs Act 1971 Confiscation Orders Human Rights Fair Trial

Case Brief

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Parties

Brian Peter Doran

Appellant

Robert Parsons

Appellant

Mr Togher

Appellant

Crown Prosecution Service

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether convictions following guilty pleas should be quashed due to prosecution abuse of process and non-disclosure
  2. 2 Whether Turner J's stay of retrial on the Frugal Indictment should apply to the Madrid Indictment
  3. 3 Whether the pleas of guilty were vitiated by lack of disclosure and fairness

Ratio Decidendi

The failures of the prosecution in disclosure and conduct did not amount to the exceptional category of misconduct required to justify setting aside the appellants' freely entered guilty pleas. The appellants were not deprived of the ability to defend themselves at a retrial, and the irregularities did not go to the core of innocence or guilt but only to the credibility of prosecution witnesses. The convictions are not unsafe and the appeals are dismissed.

Court Disposition

Appeals against conviction and sentence dismissed; confiscation orders stand subject to possible reconsideration pending Privy Council decision.

Orders

  • Appeals against conviction dismissed
  • Appeals against sentence dismissed