Killick, R. v

Killick, R. v

No unequivocal representation was made that prosecution would not occur; complainants had a right to review the decision not to prosecute; delay did not cause prejudice or render the trial unfair; fresh evidence was not admitted as it was available at trial and not material; the convictions were safe based on the evidence and proper directions to the jury.

Parties
Respondent: Regina; Appellant: Christopher Killick
Jurisdiction
England and Wales
Judgment Date
29 June 2011
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
Appeal dismissed; leave to appeal refused on fresh evidence and safety of conviction.
Legal Topics
Abuse of Process, Delay in Prosecution, Sexual Offences, Fair Trial, Admission of Fresh Evidence, Safety of Conviction
Criminal Law Abuse of Process Delay in Prosecution Sexual Offences Fair Trial Admission of Fresh Evidence Safety of Conviction

Case Brief

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Parties

Regina

Respondent

Christopher Killick

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the proceedings should have been stayed for abuse of process
  2. 2 Whether a fair trial was possible given the delay
  3. 3 Whether fresh evidence should be admitted under s.23 of the Criminal Appeal Act 1968

Ratio Decidendi

No unequivocal representation was made that prosecution would not occur; complainants had a right to review the decision not to prosecute; delay did not cause prejudice or render the trial unfair; fresh evidence was not admitted as it was available at trial and not material; the convictions were safe based on the evidence and proper directions to the jury.

Court Disposition

Appeal dismissed; leave to appeal refused on fresh evidence and safety of conviction.

Orders

  • Appeal against conviction dismissed
  • Leave to appeal on fresh evidence refused