Stone, R v [2005] EWCA Crim 105 (21st January 2005)
The Court held that the trial judge's directions to the jury were sufficient given the circumstances, and the fresh evidence regarding Daley's drug addiction, mental instability, and subsequent misconduct did not materially affect the safety of the conviction. The jury was already aware of Daley's flaws, and the new material merely confirmed what was apparent at trial. There was no requirement for a special warning beyond what was given, and the appeal was dismissed.
- Citation
- [2005] EWCA Crim 105
- Parties
- Prosecution: Regina; Appellant: Michael John Stone
- Jurisdiction
- England and Wales
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Cell Confessions, Bad Character Evidence, Judicial Directions, Fresh Evidence, Credibility of Witnesses
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Michael John Stone
Appellant
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the trial judge failed to give adequate warnings regarding the evidence of a prison informant with bad character and motives to lie
- 2 Whether fresh evidence regarding the informant's drug addiction, mental instability, and subsequent misconduct undermined the safety of the conviction
- 3 Whether the judge's directions to the jury were sufficient given the risks associated with cell confessions
Ratio Decidendi
The Court held that the trial judge's directions to the jury were sufficient given the circumstances, and the fresh evidence regarding Daley's drug addiction, mental instability, and subsequent misconduct did not materially affect the safety of the conviction. The jury was already aware of Daley's flaws, and the new material merely confirmed what was apparent at trial. There was no requirement for a special warning beyond what was given, and the appeal was dismissed.
Court Disposition
appeal dismissed
Orders
- Convictions upheld
- No further orders
Full Case Text
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