Barkshire & Ors, R. v

Barkshire & Ors, R. v

The convictions were quashed because the prosecution failed to disclose material relating to the role and activities of the undercover officer, Mark Kennedy, and other material capable of supporting the defence or undermining the prosecution. This non-disclosure rendered the trial unfair and the convictions unsafe.

Parties
Prosecution: Regina; Appellant: David Robert Barkshire; Appellant: Jonathan Leighton; Appellant: Chris Kitchen; Appellant: Lisa Kamphausen; Appellant: Clare Whitney; Appellant: Paul Kahawatte; Appellant: Adam Keith Weymouth; Appellant: Ben Julian; Appellant: Ben John Stewart; Appellant: Jesse Harris; Appellant: Sarah Shoraka; Appellant: Emma Sheppard; Appellant: Jacqueline Sheddy; Appellant: Martin Shaw; Appellant: Daniel Glass; Appellant: Anna Rudd; Appellant: Bradley Day; Appellant: Spencer Cooke; Appellant: Phillip Ashley Murray; Appellant: Olaf Bayer
Jurisdiction
England and Wales
Judgment Date
20 July 2011
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
convictions quashed
Legal Topics
Disclosure Obligations, Abuse of Process, Entrapment, Necessity Defence, Fair Trial, Undercover Policing
Criminal Law Constitutional Law Disclosure Obligations Abuse of Process Entrapment Necessity Defence Fair Trial Undercover Policing

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

David Robert Barkshire

Appellant

Jonathan Leighton

Appellant

Chris Kitchen

Appellant

Lisa Kamphausen

Appellant

Clare Whitney

Appellant

Paul Kahawatte

Appellant

Adam Keith Weymouth

Appellant

Ben Julian

Appellant

Ben John Stewart

Appellant

Jesse Harris

Appellant

Sarah Shoraka

Appellant

Emma Sheppard

Appellant

Jacqueline Sheddy

Appellant

Martin Shaw

Appellant

Daniel Glass

Appellant

Anna Rudd

Appellant

Bradley Day

Appellant

Spencer Cooke

Appellant

Phillip Ashley Murray

Appellant

Olaf Bayer

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the prosecution failed in its disclosure obligations under the Criminal Procedure and Investigations Act 1996
  2. 2 Whether the non-disclosure rendered the trial unfair and the convictions unsafe
  3. 3 Whether the involvement of an undercover officer amounted to entrapment or abuse of process

Ratio Decidendi

The convictions were quashed because the prosecution failed to disclose material relating to the role and activities of the undercover officer, Mark Kennedy, and other material capable of supporting the defence or undermining the prosecution. This non-disclosure rendered the trial unfair and the convictions unsafe.

Court Disposition

convictions quashed

Orders

  • Convictions quashed for all appellants
  • Ancillary costs orders in favour of the defence