Mackreth, R. v [2008] EWCA Crim 1698 (03 July 2008)

Mackreth, R. v [2008] EWCA Crim 1698 (03 July 2008)

The appeal may proceed only if a waiver of privilege is provided within fourteen days to allow enquiries into the circumstances of advice on appeal; the absence of contemporaneous documentation and the failure to adduce relevant historical evidence raise concerns about the fairness of the trial and merit full court consideration.

Citation
[2008] EWCA Crim 1698
Parties
Respondent: Regina; Applicant: Kenneth Tom Mackreth
Jurisdiction
England and Wales
Judgment Date
03 July 2008
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal; Preliminary Directions
Outcome
Leave to appeal granted; matter referred to full court subject to waiver of privilege within fourteen days.
Legal Topics
Abuse of Process, Fair Trial, Extension of Time, Waiver of Privilege, Admissibility of Evidence
Criminal Law Criminal Procedure Abuse of Process Fair Trial Extension of Time Waiver of Privilege Admissibility of Evidence

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Parties

Regina

Respondent

Kenneth Tom Mackreth

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal; Preliminary Directions

Legal Issues

  1. 1 Whether an extension of time to appeal should be granted
  2. 2 Whether the absence of contemporaneous documentation and history deprived the applicant of a fair trial
  3. 3 Whether the trial judge erred in refusing a stay for abuse of process

Ratio Decidendi

The appeal may proceed only if a waiver of privilege is provided within fourteen days to allow enquiries into the circumstances of advice on appeal; the absence of contemporaneous documentation and the failure to adduce relevant historical evidence raise concerns about the fairness of the trial and merit full court consideration.

Court Disposition

Leave to appeal granted; matter referred to full court subject to waiver of privilege within fourteen days.

Orders

  • Waiver of privilege to be provided within fourteen days for enquiries with defence counsel.
  • Skeleton argument from respondent to be filed within 28 days.