Burt, R v

The conviction is quashed because the prosecution's case depended on a witness whose credibility was destroyed by subsequent false allegations, making it unsafe to uphold the conviction.

Parties: Prosecutor: Regina; Appellant: Gavin Burt
Jurisdiction: England and Wales
Judgment Date: 09 February 2005
Procedural Posture: Criminal Appeal / Judgment on Reference From Criminal Cases Review Commission
Outcome: conviction quashed
Legal Topics: Kidnapping, Firearms Offences, Witness Credibility, Appeal Procedure

Criminal Law Kidnapping Firearms Offences Witness Credibility Appeal Procedure

Case Brief

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Parties

Regina

Prosecutor

Gavin Burt

Appellant

Procedural Posture

Criminal Appeal / Judgment on Reference From Criminal Cases Review Commission

Legal Issues

1 Whether the conviction of Gavin Burt is safe given the unreliability of the prosecution's key witness, Michael Hutchinson.

Ratio Decidendi

The conviction is quashed because the prosecution's case depended on a witness whose credibility was destroyed by subsequent false allegations, making it unsafe to uphold the conviction.

Court Disposition

conviction quashed

Orders

The conviction of Gavin Burt is quashed.
A copy of the judgment and remarks to be sent to the Criminal Cases Review Commission.