Cooper & Anor, R v [2003] EWCA Crim 2257 (31 July 2003)

Cooper & Anor, R v [2003] EWCA Crim 2257 (31 July 2003)

The cumulative effect of non-disclosure of material evidence, misleading presentation of key witness evidence, fresh evidence undermining the credibility of the principal prosecution witness, and subsequent events (including the conviction of the lead investigating officer for corruption) created genuine concern...

Source-derived case information.

Citation
[2003] EWCA Crim 2257
Parties
Respondent: R; Appellant: David Cooper; Appellant: Michael G. McMahon
Jurisdiction
England and Wales
Judgment Date
31 July 2003
Procedural Posture
Criminal Appeal / Appeal Against Conviction Following Referral by Criminal Cases Review Commission
Outcome
appeals allowed; convictions quashed
Legal Topics
Appeals Against Conviction, Disclosure Obligations, Fresh Evidence, Unsafe Convictions, Police Misconduct, Witness Credibility
Criminal Law Appeals Against Conviction Disclosure Obligations Fresh Evidence Unsafe Convictions Police Misconduct Witness Credibility

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Parties

R

Respondent

David Cooper

Appellant

Michael G. McMahon

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction Following Referral by Criminal Cases Review Commission

Legal Issues

  1. 1 Whether the convictions of Cooper and McMahon for murder are safe in light of fresh evidence and non-disclosure
  2. 2 Whether failures in disclosure and subsequent events undermine the credibility of key prosecution witnesses
  3. 3 Whether the cumulative effect of new material and previous errors renders the convictions unsafe

Ratio Decidendi

The cumulative effect of non-disclosure of material evidence, misleading presentation of key witness evidence, fresh evidence undermining the credibility of the principal prosecution witness, and subsequent events (including the conviction of the lead investigating officer for corruption) created genuine concern about the safety of the convictions. The court concluded that the convictions of Cooper and McMahon were no longer safe and must be quashed.

Court Disposition

appeals allowed; convictions quashed

Orders

  • Convictions of David Cooper and Michael G. McMahon for murder quashed.