McGill, R. v [2012] EWCA Crim 2768 (01 November 2012)

McGill, R. v [2012] EWCA Crim 2768 (01 November 2012)

The failures by police and CPS to retain and disclose Facebook identification evidence were serious but did not amount to an abuse of process or render the convictions unsafe, as the trial judge's directions and the trial process adequately addressed the disadvantage to the appellants. The sentences imposed were...

Source-derived case information.

Citation
[2012] EWCA Crim 2768
Parties
Respondent: Regina; Appellant: Gordon John Alexander; Appellant: Daniel McGill
Jurisdiction
England and Wales
Judgment Date
01 November 2012
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals against conviction dismissed; sentences reduced
Legal Topics
Identification Evidence, Disclosure Obligations, Abuse of Process, Robbery, Sentencing
Criminal Law Identification Evidence Disclosure Obligations Abuse of Process Robbery Sentencing

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Gordon John Alexander

Appellant

Daniel McGill

Appellant

Procedural Posture

Criminal Appeal / 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
  3. 3 Whether the sentences imposed were manifestly excessive

Ratio Decidendi

The failures by police and CPS to retain and disclose Facebook identification evidence were serious but did not amount to an abuse of process or render the convictions unsafe, as the trial judge's directions and the trial process adequately addressed the disadvantage to the appellants. The sentences imposed were slightly excessive and were reduced on appeal.

Court Disposition

Appeals against conviction dismissed; sentences reduced

Orders

  • Alexander's total sentence reduced from 12 years to 10 years (5 years for 15 July 2011 robbery, 5 years for 30 July 2011 robbery)
  • McGill's sentence reduced from 7 years to 6 years for 15 July 2011 robbery