Hester & Anor, R. v

Hester & Anor, R. v

Evidence of Hester's misuse of Police National Computer was properly admitted as relevant to his relationship with Tony/James Doe and to correct false impression; convictions for deception admitted for witness credibility; no logical inconsistency in jury verdicts; blackmail is a continuing offence allowing later participation; improper cross-examination regarding Houston's pending charge did not render conviction unsafe; McKray's sentence reduced as original was too severe.

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

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Parties

Regina

Prosecution

Colin Hester

Appellant

Andrew John McKray

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 admissibility of bad character evidence
  2. 2 safety of convictions due to alleged inconsistent verdicts
  3. 3 proper admission of witness convictions

Ratio Decidendi

Evidence of Hester's misuse of Police National Computer was properly admitted as relevant to his relationship with Tony/James Doe and to correct false impression; convictions for deception admitted for witness credibility; no logical inconsistency in jury verdicts; blackmail is a continuing offence allowing later participation; improper cross-examination regarding Houston's pending charge did not render conviction unsafe; McKray's sentence reduced as original was too severe.

Court Disposition

appeals against conviction dismissed; appeal against sentence for McKray allowed

Orders

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