Grant & Ors v R

Grant & Ors v R

Despite police impropriety and non-disclosure, the timeline and nature of the witness's engagement and evidence, as well as the defence's opportunity to challenge credibility, meant the convictions were safe and the undisclosed material would not have led to a different verdict.

Parties
Appellant: Gavin Grant; Appellant: Damian Martin Williams; Appellant: Gareth Damon Downie; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
20 November 2015
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Non Disclosure, Credibility of Witness, Police Misconduct, Appeal Against Conviction
Criminal Law Non Disclosure Credibility of Witness Police Misconduct Appeal Against Conviction

Case Brief

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Parties

Gavin Grant

Appellant

Damian Martin Williams

Appellant

Gareth Damon Downie

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether non-disclosure of material relating to the main prosecution witness rendered the convictions unsafe
  2. 2 Whether police impropriety in withholding information affected the fairness of the trial

Ratio Decidendi

Despite police impropriety and non-disclosure, the timeline and nature of the witness's engagement and evidence, as well as the defence's opportunity to challenge credibility, meant the convictions were safe and the undisclosed material would not have led to a different verdict.

Court Disposition

appeal dismissed

Orders

  • convictions upheld
  • no change to sentences