Collins & Ors, R v

Collins & Ors, R v

The judge's direction to the jury to exercise a common law right to stop the case was a material irregularity that rendered the convictions unsafe; the cumulative effect of irregularities and errors required the convictions to be quashed and a retrial directed.

Parties
Prosecution: R; Appellant: Michael Collins; Appellant: Colin Threadgill; Appellant: Peter Alan Morrison; Appellant: Bronson Tyers
Jurisdiction
England and Wales
Judgment Date
20 April 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
convictions quashed; retrial directed
Legal Topics
Jury Directions, Abuse of Process, Adverse Inference, Burden of Proof, Case Management
Criminal Law Procedure Jury Directions Abuse of Process Adverse Inference Burden of Proof Case Management

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

R

Prosecution

Michael Collins

Appellant

Colin Threadgill

Appellant

Peter Alan Morrison

Appellant

Bronson Tyers

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the judge's direction to the jury to exercise a common law right to stop the case rendered the verdicts unsafe
  2. 2 Whether the judge should have ruled there was no case to answer
  3. 3 Whether the summing-up and directions on law were adequate

Ratio Decidendi

The judge's direction to the jury to exercise a common law right to stop the case was a material irregularity that rendered the convictions unsafe; the cumulative effect of irregularities and errors required the convictions to be quashed and a retrial directed.

Court Disposition

convictions quashed; retrial directed

Orders

  • Convictions on counts 1 and 2 quashed for all appellants.
  • Retrial directed on counts 1 and 2.