McGill, R. v

McGill, R. v

The failures in police disclosure and preservation of Facebook identification evidence, while serious and negligent, did not amount to an abuse of process or render the convictions unsafe because the trial judge adequately directed the jury on the disadvantages faced by the appellants and the reliability of the identification evidence. The trial process was capable of curing the disadvantage, and the summing-up, though not perfect, was sufficient. The sentences were reduced as the totality was found to be slightly excessive, but the convictions were upheld.

Parties
Prosecutor: Regina; Appellant: Gordon John Alexander; Appellant: Daniel McGill
Jurisdiction
England and Wales
Judgment Date
01 November 2012
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeals against conviction dismissed; appeals against sentence allowed in part
Legal Topics
Identification Evidence, Abuse of Process, Disclosure Obligations, Robbery, Appeal Against Conviction, Appeal Against Sentence
Criminal Law Identification Evidence Abuse of Process Disclosure Obligations Robbery Appeal Against Conviction Appeal Against Sentence

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

Gordon John Alexander

Appellant

Daniel McGill

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether failures in police disclosure and preservation of Facebook identification evidence rendered the trial unfair and amounted to an abuse of process
  2. 2 Whether the judge's directions to the jury on identification evidence were adequate, particularly in light of Turnbull guidelines
  3. 3 Whether the convictions were unsafe due to the manner of identification and lack of original Facebook evidence

Ratio Decidendi

The failures in police disclosure and preservation of Facebook identification evidence, while serious and negligent, did not amount to an abuse of process or render the convictions unsafe because the trial judge adequately directed the jury on the disadvantages faced by the appellants and the reliability of the identification evidence. The trial process was capable of curing the disadvantage, and the summing-up, though not perfect, was sufficient. The sentences were reduced as the totality was found to be slightly excessive, but the convictions were upheld.

Court Disposition

appeals against conviction dismissed; appeals against sentence allowed in part

Orders

  • Conviction appeals dismissed for both Alexander and McGill
  • Sentence for Alexander reduced from 12 years to 10 years (5 years for 15 July 2011 robbery, 5 years for 30 July 2011 robbery, concurrent, less time on remand)