Foran v R

Foran v R

The convictions are unsafe due to the combination of material irregularity from non-disclosure of forensic evidence, serious doubts about the credibility of the principal police witnesses, and fresh evidence of police misconduct, which together undermine the reliability of the prosecution case.

Parties
Appellant: Martin Patrick Foran; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
16 April 2013
Procedural Posture
Criminal Appeal / Judgment on Third Appeal After CCRC Reference
Outcome
convictions quashed
Legal Topics
Miscarriage of Justice, Police Misconduct, Disclosure Obligations, Credibility of Witnesses, Fresh Evidence, Safety of Conviction
Criminal Law Evidence Law Miscarriage of Justice Police Misconduct Disclosure Obligations Credibility of Witnesses Fresh Evidence Safety of Conviction

Case Brief

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Parties

Martin Patrick Foran

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Third Appeal After CCRC Reference

Legal Issues

  1. 1 Whether fresh evidence regarding police misconduct and non-disclosure renders the convictions unsafe
  2. 2 Whether the reliability of police evidence and the credibility of witnesses was compromised
  3. 3 Whether the convictions for robbery and conspiracy to rob should be quashed

Ratio Decidendi

The convictions are unsafe due to the combination of material irregularity from non-disclosure of forensic evidence, serious doubts about the credibility of the principal police witnesses, and fresh evidence of police misconduct, which together undermine the reliability of the prosecution case.

Court Disposition

convictions quashed

Orders

  • Convictions for robbery and conspiracy to rob quashed