Hamou, R. v

Hamou, R. v

The convictions were quashed because the joint trial with an absent co-accused on an amended indictment of which he was unaware, combined with the admission of his interview evidence and the failure to order severance, created a material irregularity and risk of prejudice rendering the trial unfair and the convictions unsafe.

Parties
Applicant: Idris Hamou; Applicant: Ebrahem Gogo; Applicant: Hoshank Jojo; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
19 February 2019
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeal allowed; convictions quashed; retrial ordered
Legal Topics
Conspiracy, Assisting Unlawful Immigration, Joinder and Severance, Trial in Absence, Hearsay, Duress, Case Management
Criminal Law Criminal Procedure Conspiracy Assisting Unlawful Immigration Joinder and Severance Trial in Absence Hearsay Duress +1 more

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Parties

Idris Hamou

Applicant

Ebrahem Gogo

Applicant

Hoshank Jojo

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in joining indictments and permitting joint trial with an absent co-accused
  2. 2 Whether the trial judge erred in refusing severance and in admitting evidence from an absent co-accused
  3. 3 Whether the applicants suffered prejudice and unfairness from the conduct of the trial

Ratio Decidendi

The convictions were quashed because the joint trial with an absent co-accused on an amended indictment of which he was unaware, combined with the admission of his interview evidence and the failure to order severance, created a material irregularity and risk of prejudice rendering the trial unfair and the convictions unsafe.

Court Disposition

appeal allowed; convictions quashed; retrial ordered

Orders

  • Leave to appeal granted to all applicants
  • Convictions of Idris Hamou, Ebrahem Gogo, and Hoshank Jojo quashed