R v Jonathan Michael Moorby

R v Jonathan Michael Moorby

The conviction is safe because there was compelling independent evidence from Abi Booth identifying the applicant at the scene, which was not contaminated by DSF's conduct. The WhatsApp messages and disciplinary allegations against DSF, even taken at their highest, do not undermine the safety of the conviction. The sentence was not manifestly excessive given the aggravating factors and the applicant's leading role.

Parties
Applicant: Jonathan Michael Moorby; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
22 March 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence
Outcome
Application for extension of time granted; application to admit fresh evidence refused; renewed applications for leave to appeal against conviction and sentence refused.
Legal Topics
Appeal Against Conviction, Appeal Against Sentence, Disclosure, Police Misconduct, Drug Offences
Criminal Law Appeal Against Conviction Appeal Against Sentence Disclosure Police Misconduct Drug Offences

Case Brief

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Parties

Jonathan Michael Moorby

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction is unsafe due to alleged police misconduct and fresh evidence
  2. 2 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The conviction is safe because there was compelling independent evidence from Abi Booth identifying the applicant at the scene, which was not contaminated by DSF's conduct. The WhatsApp messages and disciplinary allegations against DSF, even taken at their highest, do not undermine the safety of the conviction. The sentence was not manifestly excessive given the aggravating factors and the applicant's leading role.

Court Disposition

Application for extension of time granted; application to admit fresh evidence refused; renewed applications for leave to appeal against conviction and sentence refused.

Orders

  • Extension of time to apply for leave to appeal granted
  • Application to admit fresh evidence refused