Pluck v R

Pluck v R

The fresh DNA evidence neutralises the evidential value of the cigarette ends against the appellant, but the remaining circumstantial and testimonial evidence, including the appellant's false alibis, his connection to the crime scene, and his conduct after the murders, is so strong that no reasonable jury could have failed to conclude his presence and participation in the murders. The psychiatric evidence regarding McCann was available at trial and was adequately deployed in cross-examination; its formal admission would not have materially affected the outcome. The convictions are not unsafe.

Parties
Appellant: Michael David Philip Pluck; Respondent: R
Jurisdiction
England and Wales
Judgment Date
15 December 2010
Procedural Posture
Criminal Appeal / Second Appeal Against Conviction on Reference by the Criminal Cases Review Commission Under S9 Criminal Appeal Act 1995
Outcome
Appeal dismissed; convictions upheld
Legal Topics
Murder, Fresh Evidence, Unsafe Conviction, DNA Evidence, Admissibility of Psychiatric Evidence, Appeal Procedure
Criminal Law Murder Fresh Evidence Unsafe Conviction DNA Evidence Admissibility of Psychiatric Evidence Appeal Procedure

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 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Michael David Philip Pluck

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Second Appeal Against Conviction on Reference by the Criminal Cases Review Commission Under S9 Criminal Appeal Act 1995

Legal Issues

  1. 1 Whether fresh DNA evidence renders the appellant's convictions unsafe
  2. 2 Whether fresh psychiatric evidence regarding a key prosecution witness (McCann) should be admitted
  3. 3 Whether the appellant's conviction should be quashed in light of new evidence

Ratio Decidendi

The fresh DNA evidence neutralises the evidential value of the cigarette ends against the appellant, but the remaining circumstantial and testimonial evidence, including the appellant's false alibis, his connection to the crime scene, and his conduct after the murders, is so strong that no reasonable jury could have failed to conclude his presence and participation in the murders. The psychiatric evidence regarding McCann was available at trial and was adequately deployed in cross-examination; its formal admission would not have materially affected the outcome. The convictions are not unsafe.

Court Disposition

Appeal dismissed; convictions upheld