MacKreth (Deceased), R v

MacKreth (Deceased), R v

The application for extension of time is refused and the convictions are safe. The trial judge's rulings and directions were correct and remain so. There was no specific prejudice from delay or missing documents; surviving documentation was unusually extensive. The possibility of compensation was apparent to the jury, and any non-disclosure or inaccuracies did not undermine the safety of the convictions. The jurisprudence has not fundamentally changed, and the principles applied at trial remain valid.

Parties
Respondent: Regina; Appellant: Kenneth Tom MacKreth (deceased)
Jurisdiction
England and Wales
Judgment Date
08 September 2009
Procedural Posture
Criminal Appeal / Application for Extension of Time to Appeal Conviction; Consideration of Merits of Appeal
Outcome
Application for extension of time refused; convictions upheld
Legal Topics
Abuse of Process, Delay in Prosecution, Disclosure Obligations, Historic Sexual Offences, Fair Trial Rights
Criminal Law Abuse of Process Delay in Prosecution Disclosure Obligations Historic Sexual Offences Fair Trial Rights

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Parties

Regina

Respondent

Kenneth Tom MacKreth (deceased)

Appellant

Procedural Posture

Criminal Appeal / Application for Extension of Time to Appeal Conviction; Consideration of Merits of Appeal

Legal Issues

  1. 1 Whether delay and missing documents rendered the trial unfair and convictions unsafe
  2. 2 Whether complainants' motivation for compensation and alleged non-disclosure rendered convictions unsafe

Ratio Decidendi

The application for extension of time is refused and the convictions are safe. The trial judge's rulings and directions were correct and remain so. There was no specific prejudice from delay or missing documents; surviving documentation was unusually extensive. The possibility of compensation was apparent to the jury, and any non-disclosure or inaccuracies did not undermine the safety of the convictions. The jurisprudence has not fundamentally changed, and the principles applied at trial remain valid.

Court Disposition

Application for extension of time refused; convictions upheld

Orders

  • Application for extension of time to appeal is refused
  • No grounds to extend time for appeal