Breen & Anor, R v [2001] EWCA Crim 1213 (17th May, 2001)

Breen & Anor, R v [2001] EWCA Crim 1213 (17th May, 2001)

The judge was entitled to find that the undercover officers did no more than give the appellants an opportunity to break the law, which they freely took; thus, there was no abuse of process and the convictions stand.

Citation
[2001] EWCA Crim 1213
Parties
Respondent: R; Appellant: David Breen; Appellant: Samantha Jane Burton
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Abuse of Process, Entrapment, Supplying Controlled Drugs
Criminal Law Abuse of Process Entrapment Supplying Controlled Drugs

Case Brief

Summary, issues, holding and outcome

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Parties

R

Respondent

David Breen

Appellant

Samantha Jane Burton

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the proceedings should be stayed as an abuse of process due to alleged entrapment by undercover police officers
  2. 2 Whether the trial judge erred in rejecting the abuse of process submission

Ratio Decidendi

The judge was entitled to find that the undercover officers did no more than give the appellants an opportunity to break the law, which they freely took; thus, there was no abuse of process and the convictions stand.

Court Disposition

appeal dismissed

Orders

  • Appeals against conviction dismissed