Nethercott, R. v

Nethercott, R. v

The cumulative effect of multiple breaches of police codes of conduct, the loss of crucial CCTV evidence, and the complete failure to investigate another named suspect created a real doubt about the safety of the conviction, requiring the conviction to be quashed.

Parties
Prosecution: Regina; Appellant: George Daniel Frederick Nethercott
Jurisdiction
England and Wales
Judgment Date
24 March 2011
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeal allowed; conviction quashed
Legal Topics
Identification Evidence, Police Procedure, Appeal Against Conviction, Breach of Codes of Conduct, Loss of Evidence
Criminal Law Identification Evidence Police Procedure Appeal Against Conviction Breach of Codes of Conduct Loss of Evidence

Case Brief

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Parties

Regina

Prosecution

George Daniel Frederick Nethercott

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether breaches of police codes of conduct and investigative shortcomings rendered the conviction unsafe
  2. 2 Whether the failure to investigate another potential suspect undermined the fairness of the proceedings
  3. 3 Whether the loss of CCTV evidence prejudiced the defence

Ratio Decidendi

The cumulative effect of multiple breaches of police codes of conduct, the loss of crucial CCTV evidence, and the complete failure to investigate another named suspect created a real doubt about the safety of the conviction, requiring the conviction to be quashed.

Court Disposition

appeal allowed; conviction quashed

Orders

  • Conviction quashed
  • Defendant's costs order out of central funds to be assessed