Kiernan & Ors, R v

Kiernan & Ors, R v

The convictions were safe as the evidence, including circumstantial and practice-based testimony, sufficed to prove the offences beyond reasonable doubt. The trial judge's evidentiary rulings were correct in law and did not render the trial unfair. Sentences were reduced to reflect the judge's stated intention...

Source-derived case information.

Parties
Respondent: R; Appellant: Gabriel Kiernan; Appellant: Kevin Kiernan; Appellant: Sean Kiernan; Appellant: Julian Burton; Appellant: Nigel Coyne
Jurisdiction
England and Wales
Judgment Date
08 May 2008
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals against conviction dismissed; appeals against sentence allowed in part for Gabriel and Kevin.
Legal Topics
Conspiracy to Defraud, Forgery, Obtaining Money Transfer by Deception, Mortgage Fraud, Evidence—admissibility and Sufficiency, Bad Character Evidence, Confession Evidence, Disclosure Obligations
Criminal Law Conspiracy to Defraud Forgery Obtaining Money Transfer by Deception Mortgage Fraud Evidence—admissibility and Sufficiency Bad Character Evidence Confession Evidence +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

R

Respondent

Gabriel Kiernan

Appellant

Kevin Kiernan

Appellant

Sean Kiernan

Appellant

Julian Burton

Appellant

Nigel Coyne

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether convictions for conspiracy to defraud, forgery, and obtaining money transfers by deception were safe in light of the evidence adduced
  2. 2 Whether the trial judge erred in admitting certain evidence, including probe evidence and bad character evidence
  3. 3 Whether the Crown proved operative deception on the minds of the lenders without direct evidence from the decision-makers

Ratio Decidendi

The convictions were safe as the evidence, including circumstantial and practice-based testimony, sufficed to prove the offences beyond reasonable doubt. The trial judge's evidentiary rulings were correct in law and did not render the trial unfair. Sentences were reduced to reflect the judge's stated intention regarding time to be served.

Court Disposition

Appeals against conviction dismissed; appeals against sentence allowed in part for Gabriel and Kevin.

Orders

  • Convictions upheld for all appellants.
  • Sentences of four years for Gabriel and Kevin quashed and substituted with sentences of 3 years 10 months to reflect the judge's intention on time to be served.