Hester & Anor, R. v [2007] EWCA Crim 2127 (25 May 2007)

Hester & Anor, R. v [2007] EWCA Crim 2127 (25 May 2007)

Evidence of PNC misuse was properly admitted as relevant to Hester's relationship with Tony/James Doe and to correct a false impression; only deception convictions of Goodson were properly admitted; blackmail is a continuing offence and Hester's participation was sufficient; jury verdicts were not logically inconsistent; cross-examination about Houston's pending charge was not so unfair as to render conviction unsafe; McKray's sentence was excessive and reduced to three years.

Citation
[2007] EWCA Crim 2127
Parties
Prosecution: Regina; Appellant: Colin Hester; Appellant: Andrew John McKray
Jurisdiction
England and Wales
Judgment Date
25 May 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeals against conviction by Hester and McKray dismissed; appeal against sentence by McKray allowed.
Legal Topics
Blackmail, Misconduct in Public Office, Wounding With Intent, False Imprisonment, Admissibility of Evidence, Bad Character Evidence, Inconsistent Verdicts, Appeal Against Sentence
Criminal Law Blackmail Misconduct in Public Office Wounding With Intent False Imprisonment Admissibility of Evidence Bad Character Evidence Inconsistent Verdicts +1 more

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Parties

Regina

Prosecution

Colin Hester

Appellant

Andrew John McKray

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether evidence of misuse of Police National Computer by Hester was properly admitted
  2. 2 Whether only some convictions of Crown witness Goodson should have been admitted
  3. 3 Whether submission of no case to answer on blackmail by Hester should have been accepted

Ratio Decidendi

Evidence of PNC misuse was properly admitted as relevant to Hester's relationship with Tony/James Doe and to correct a false impression; only deception convictions of Goodson were properly admitted; blackmail is a continuing offence and Hester's participation was sufficient; jury verdicts were not logically inconsistent; cross-examination about Houston's pending charge was not so unfair as to render conviction unsafe; McKray's sentence was excessive and reduced to three years.

Court Disposition

Appeals against conviction by Hester and McKray dismissed; appeal against sentence by McKray allowed.

Orders

  • Hester's appeal against conviction dismissed.
  • McKray's appeal against conviction dismissed.