Burgess, R. v

Convictions based on guilty pleas tendered under legal principles subsequently clarified or overturned are unsafe and should be quashed; applicants must be afforded opportunity for jury determination under correct law.

Parties: Prosecutor: Regina; Applicant: Lee Burgess; Applicant: Jeffrey Byram
Jurisdiction: England and Wales
Judgment Date: 08 February 2008
Procedural Posture: Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome: Convictions for manslaughter (Byram) and escape (Burgess) quashed; renewed application for leave to appeal against burglary sentence refused.
Legal Topics: Manslaughter, Administering Poison, Escape From Custody, Burglary, Change of Law, Guilty Plea, Joint Participation

Criminal Law Manslaughter Administering Poison Escape From Custody Burglary Change of Law Guilty Plea Joint Participation

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 8

Parties

Regina

Prosecutor

Lee Burgess

Applicant

Jeffrey Byram

Applicant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

1 Whether guilty pleas were tendered on erroneous legal principles due to subsequent clarification of law
2 Whether convictions for manslaughter and escape should be quashed in light of new legal authority
3 Whether sentences for burglary were excessive

Ratio Decidendi

Court Disposition

Convictions for manslaughter (Byram) and escape (Burgess) quashed; renewed application for leave to appeal against burglary sentence refused.

Orders

Convictions on counts 1 and 3 for Byram quashed; no retrial ordered.
Conviction for escape (count 1) for Burgess quashed.