Mackreth, R. v

Mackreth, R. v

The court finds that there are significant concerns regarding the fairness of the trial due to the absence of contemporaneous documentation and the complex history of prior investigations and proceedings, which were not available to the jury. The matter is referred to the full court for further consideration, conditional on a waiver of privilege within fourteen days.

Parties
Respondent: Regina; Applicant: Kenneth Tom Mackreth
Jurisdiction
England and Wales
Judgment Date
03 July 2008
Procedural Posture
Criminal Appeal / Leave to Appeal and Extension of Time Application
Outcome
Leave to appeal granted; matter referred to full court conditional on waiver of privilege within fourteen days.
Legal Topics
Abuse of Process, Fair Trial, Waiver of Privilege, Extension of Time, Representation Order
Criminal Law Abuse of Process Fair Trial Waiver of Privilege Extension of Time Representation Order

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Parties

Regina

Respondent

Kenneth Tom Mackreth

Applicant

Procedural Posture

Criminal Appeal / Leave to Appeal and Extension of Time Application

Legal Issues

  1. 1 Whether the proceedings should have been stayed as an abuse of process due to missing contemporaneous documentation and prior investigations
  2. 2 Whether a fair trial was possible given the absence of contemporaneous evidence and the age of the defendant
  3. 3 Whether an extension of time to appeal should be granted

Ratio Decidendi

The court finds that there are significant concerns regarding the fairness of the trial due to the absence of contemporaneous documentation and the complex history of prior investigations and proceedings, which were not available to the jury. The matter is referred to the full court for further consideration, conditional on a waiver of privilege within fourteen days.

Court Disposition

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

Orders

  • Waiver of privilege to be provided within fourteen days, failing which the appeal will not proceed.
  • Crown to renew efforts to identify and produce any relevant contemporaneous documentation.