More, R. v [2023] EWCA Crim 1005 (01 September 2023)

More, R. v [2023] EWCA Crim 1005 (01 September 2023)

The Court found that, although the late disclosure of agreed fact 145 and the 2023 material caused concern about the integrity of the disclosure process, the summing up was not unfair or unbalanced, the disclosure failings did not render the trial unfair or the conviction unsafe, and there was no deliberate attempt to mislead the defence. The real issue was Mr More's belief about Mr Wilson's status, not Wilson's actual status. The appeal was therefore dismissed.

Citation
[2023] EWCA Crim 1005
Parties
Applicant: Christopher More; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
01 September 2023
Procedural Posture
Criminal Appeal / Appeal Against Conviction After Trial and Sentencing
Outcome
Appeal dismissed; conviction upheld
Legal Topics
Murder, Conspiracy to Cause Grievous Bodily Harm, Disclosure Obligations, Fair Trial, Abuse of Process
Criminal Law Disclosure Murder Conspiracy to Cause Grievous Bodily Harm Disclosure Obligations Fair Trial Abuse of Process

Case Brief

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Parties

Christopher More

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction After Trial and Sentencing

Legal Issues

  1. 1 Whether the summing up by the trial judge was so unbalanced as to render the conviction unsafe
  2. 2 Whether the disclosure process was so flawed as to undermine the safety of the conviction or amount to an abuse of process
  3. 3 Whether the late disclosure of agreed fact 145 and the 2023 material resulted in an unfair trial

Ratio Decidendi

The Court found that, although the late disclosure of agreed fact 145 and the 2023 material caused concern about the integrity of the disclosure process, the summing up was not unfair or unbalanced, the disclosure failings did not render the trial unfair or the conviction unsafe, and there was no deliberate attempt to mislead the defence. The real issue was Mr More's belief about Mr Wilson's status, not Wilson's actual status. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed; conviction upheld