Hagans & Anor, R v

Hagans & Anor, R v

The convictions of Hagans and Wilson are unsafe because the principal evidence against them was provided by a witness (Mackay) handled by police officers who have been thoroughly discredited for misconduct, including giving false evidence and assaulting suspects. The Crown does not seek to uphold the convictions, and the court cannot regard them as safe.

Parties
Appellant: Christopher Hagans; Appellant: John Michael Wilson; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
27 November 2003
Procedural Posture
Criminal Appeal / Judgment After Referral by Criminal Cases Review Commission
Outcome
appeals allowed, convictions quashed
Legal Topics
Unsafe Convictions, Tainted Evidence, Police Misconduct, Super Grass Evidence, Criminal Cases Review Commission Referrals

Case Brief

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Parties

Christopher Hagans

Appellant

John Michael Wilson

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment After Referral by Criminal Cases Review Commission

  1. 1 Whether the convictions of Christopher Hagans and John Michael Wilson are safe given the discrediting of the West Midlands Police Serious Crime Squad and the tainting of key prosecution evidence.

Ratio Decidendi

The convictions of Hagans and Wilson are unsafe because the principal evidence against them was provided by a witness (Mackay) handled by police officers who have been thoroughly discredited for misconduct, including giving false evidence and assaulting suspects. The Crown does not seek to uphold the convictions, and the court cannot regard them as safe.

Court Disposition

appeals allowed, convictions quashed

Orders

  • Convictions of Christopher Hagans quashed.
  • Conviction of John Michael Wilson quashed.