Doherty, R. v Michael Patrick [1997] EWCA Crim 556 (24 February 1997)

Doherty, R. v Michael Patrick [1997] EWCA Crim 556 (24 February 1997)

The court held that the counts were properly joined and the refusal to sever did not cause unfair prejudice; the late disclosure of Fumagalli's convictions did not render the convictions unsafe as his credibility was not significantly undermined; the directions on good character were adequate; and the criticisms of McGregor's legal representation were unfounded as counsel acted in accordance with her instructions and provided competent advice.

Citation
[1997] EWCA Crim 556
Parties
Prosecution: Regina; Appellant: Michael Patrick Doherty; Appellant: Susan McGregor
Jurisdiction
England and Wales
Judgment Date
24 February 1997
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeals dismissed
Legal Topics
Murder, Grievous Bodily Harm, Robbery, Joinder and Severance of Charges, Admissibility of Evidence, Ineffective Assistance of Counsel, Disclosure of Evidence
Criminal Law Murder Grievous Bodily Harm Robbery Joinder and Severance of Charges Admissibility of Evidence Ineffective Assistance of Counsel Disclosure of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Michael Patrick Doherty

Appellant

Susan McGregor

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in refusing severance of counts for murder, grievous bodily harm, and robbery
  2. 2 Whether the late disclosure of a key witness's criminal convictions rendered the convictions unsafe
  3. 3 Whether the directions to the jury regarding good character were adequate

Ratio Decidendi

The court held that the counts were properly joined and the refusal to sever did not cause unfair prejudice; the late disclosure of Fumagalli's convictions did not render the convictions unsafe as his credibility was not significantly undermined; the directions on good character were adequate; and the criticisms of McGregor's legal representation were unfounded as counsel acted in accordance with her instructions and provided competent advice.

Court Disposition

Appeals dismissed