Cotter & Ors, R v [2002] EWCA Crim 1033 (10th May, 2002)

Cotter & Ors, R v [2002] EWCA Crim 1033 (10th May, 2002)

Making a false complaint to police intending it to be taken seriously and to set in train a criminal investigation constitutes perverting the course of justice, regardless of whether a specific individual is identified or arrested; the offence is sufficiently certain under English law and Article 7 ECHR.

Citation
[2002] EWCA Crim 1033
Parties
Prosecution: R; Appellant: Christopher James Cotter; Appellant: Surjit Singh Clair; Appellant: Craig Alan Wynn
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Perverting the Course of Justice, Conspiracy, False Allegations, Article 7 ECHR, Judicial Certainty
Criminal Law Human Rights Perverting the Course of Justice Conspiracy False Allegations Article 7 ECHR Judicial Certainty

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Parties

R

Prosecution

Christopher James Cotter

Appellant

Surjit Singh Clair

Appellant

Craig Alan Wynn

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether making a false complaint to police intending investigation constitutes perverting the course of justice
  2. 2 Whether it is necessary to prove intent that someone would be arrested as a result of the false complaint
  3. 3 Whether the offence is sufficiently certain under Article 7 ECHR

Ratio Decidendi

Making a false complaint to police intending it to be taken seriously and to set in train a criminal investigation constitutes perverting the course of justice, regardless of whether a specific individual is identified or arrested; the offence is sufficiently certain under English law and Article 7 ECHR.

Court Disposition

appeal dismissed

Orders

  • renewed applications for leave refused
  • convictions upheld