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
Summary, issues, holding and outcome
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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
Legal Issues
- 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.
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