Mayende & Ors, R v

Mayende & Ors, R v

The disclosure failings, though regrettable, did not render the convictions unsafe as all relevant material was ultimately disclosed and the defence was able to address all issues at trial. The fresh evidence sought to be introduced did not meet the threshold for admissibility as it would not affect the safety of the convictions. The sentences imposed, though at the upper end of the scale, were not manifestly excessive given the gravity and circumstances of the offences.

Parties
Respondent: The Crown; Appellant: Collins Ogutta Mayende; Appellant: William Peter Lee; Appellant: Billy George Muir; Appellant: Reece Lesley Field
Jurisdiction
England and Wales
Judgment Date
25 September 2015
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal dismissed
Legal Topics
Disclosure Obligations, Sexual Assault, Kidnapping, Theft, Assault Occasioning Actual Bodily Harm, Appeal Procedure, Sentencing
Criminal Law Military Law Disclosure Obligations Sexual Assault Kidnapping Theft Assault Occasioning Actual Bodily Harm Appeal Procedure +1 more

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Parties

The Crown

Respondent

Collins Ogutta Mayende

Appellant

William Peter Lee

Appellant

Billy George Muir

Appellant

Reece Lesley Field

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether disclosure failings rendered the convictions unsafe
  2. 2 Whether fresh evidence should be admitted on appeal
  3. 3 Whether the sentences imposed were manifestly excessive

Ratio Decidendi

The disclosure failings, though regrettable, did not render the convictions unsafe as all relevant material was ultimately disclosed and the defence was able to address all issues at trial. The fresh evidence sought to be introduced did not meet the threshold for admissibility as it would not affect the safety of the convictions. The sentences imposed, though at the upper end of the scale, were not manifestly excessive given the gravity and circumstances of the offences.

Court Disposition

Appeal dismissed

Orders

  • Appeals against conviction and sentence dismissed
  • Leave to call fresh evidence refused