Lewis & Ors v R.

Lewis & Ors v R.

There was no credible evidence of jury misconduct or material irregularity affecting the safety of the convictions. The exclusion of evidence regarding the Westwoods' acquittal and the civil settlement was proper, as neither was relevant to the criminal issues. The Bowater evidence was inadmissible and irrelevant, and the BDO forensic report was privileged, not in the prosecution's possession, and not subject to disclosure. The convictions are safe and the appeals are dismissed.

Parties
Appellant: Ian Lewis; Appellant: David Fellows; Appellant: Anthony Charles Geeling; Respondent: R
Jurisdiction
England and Wales
Judgment Date
23 May 2013
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Jury Misconduct, Conspiracy to Steal, Admissibility of Evidence, Civil Settlement Relevance, Disclosure Obligations
Criminal Law Jury Misconduct Conspiracy to Steal Admissibility of Evidence Civil Settlement Relevance Disclosure Obligations

Case Brief

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Parties

Ian Lewis

Appellant

David Fellows

Appellant

Anthony Charles Geeling

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether jury misconduct or material irregularities undermined the safety of the convictions
  2. 2 Whether exclusion of evidence relating to acquittal of Westwoods was proper
  3. 3 Whether settlement of civil proceedings was relevant and admissible

Ratio Decidendi

There was no credible evidence of jury misconduct or material irregularity affecting the safety of the convictions. The exclusion of evidence regarding the Westwoods' acquittal and the civil settlement was proper, as neither was relevant to the criminal issues. The Bowater evidence was inadmissible and irrelevant, and the BDO forensic report was privileged, not in the prosecution's possession, and not subject to disclosure. The convictions are safe and the appeals are dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeals against conviction dismissed
  • Renewed applications for leave to appeal refused