Brown, R. v

Brown, R. v

Exceptional circumstances of police misconduct, denial of access to a solicitor, and tainted evidence rendered the appellant's guilty plea unreliable and conviction unsafe. The conviction was quashed despite the plea.

Parties
Respondent: The Queen; Appellant: John Lewis Brown
Jurisdiction
England and Wales
Judgment Date
15 February 2006
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
conviction quashed
Legal Topics
Abuse of Process, Unsafe Conviction, Plea of Guilty, Police Misconduct, Access to Legal Counsel
Criminal Law Criminal Procedure Abuse of Process Unsafe Conviction Plea of Guilty Police Misconduct Access to Legal Counsel

Case Brief

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Parties

The Queen

Respondent

John Lewis Brown

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant's conviction should be quashed despite a guilty plea due to police misconduct and abuse of process
  2. 2 Whether duress and denial of access to a solicitor vitiated the appellant's confession and plea

Ratio Decidendi

Exceptional circumstances of police misconduct, denial of access to a solicitor, and tainted evidence rendered the appellant's guilty plea unreliable and conviction unsafe. The conviction was quashed despite the plea.

Court Disposition

conviction quashed

Orders

  • appellant's conviction quashed
  • no reporting restrictions imposed