Thomas, R v [2003] EWCA Crim 1555 (7 May 2003)

Thomas, R v [2003] EWCA Crim 1555 (7 May 2003)

The conviction was quashed because the evidence of key police witnesses was so tainted by subsequent findings of misconduct that the conviction could not be regarded as safe. The sentence for the later firearm offence was reduced because the appellant's criminal record at the time of sentencing was artificially inflated by the now-quashed conviction.

Citation
[2003] EWCA Crim 1555
Parties
Appellant: Michael Ray Thomas; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
07 May 2003
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
appeal allowed in part
Legal Topics
Robbery, Possession of Firearm With Intent, Appeal Against Conviction, Appeal Against Sentence, Unreliable Police Evidence, Criminal Cases Review Commission Referral
Criminal Law Robbery Possession of Firearm With Intent Appeal Against Conviction Appeal Against Sentence Unreliable Police Evidence Criminal Cases Review Commission Referral

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Parties

Michael Ray Thomas

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction of the appellant was safe in light of subsequent revelations about police misconduct and unreliability of key prosecution witnesses
  2. 2 Whether the sentence imposed for possession of a firearm with intent to endanger life should be reduced given the quashed conviction and its effect on the appellant's criminal record

Ratio Decidendi

The conviction was quashed because the evidence of key police witnesses was so tainted by subsequent findings of misconduct that the conviction could not be regarded as safe. The sentence for the later firearm offence was reduced because the appellant's criminal record at the time of sentencing was artificially inflated by the now-quashed conviction.

Court Disposition

appeal allowed in part

Orders

  • Conviction for robbery and related firearm offence quashed
  • Sentence for possession of firearm with intent to endanger life reduced from life imprisonment to nine years' imprisonment