Steele & Ors, R v

Steele & Ors, R v

The convictions are not unsafe because the undisclosed media contacts and financial rewards to Nicholls did not materially undermine his credibility in the context of the trial, the fresh evidence regarding mobile phone calls did not affect the prosecution case, and the judge's directions on adverse inference, though not current, did not cause injustice.

Parties
Prosecution: R; Appellant: Michael Steele; Appellant: Jack Whomes; Appellant: Peter Corry
Jurisdiction
England and Wales
Judgment Date
22 February 2006
Procedural Posture
Criminal Appeal / Judgment on Appeal After Referral by Criminal Cases Review Commission
Outcome
appeal dismissed
Legal Topics
Conspiracy to Import Cannabis, Murder, Fresh Evidence, Non Disclosure, Adverse Inference, Media Contact With Witnesses
Criminal Law Conspiracy to Import Cannabis Murder Fresh Evidence Non Disclosure Adverse Inference Media Contact With Witnesses

Case Brief

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Parties

R

Prosecution

Michael Steele

Appellant

Jack Whomes

Appellant

Peter Corry

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal After Referral by Criminal Cases Review Commission

Legal Issues

  1. 1 Whether undisclosed media contacts and financial rewards to prosecution witness Nicholls rendered the convictions unsafe
  2. 2 Whether fresh evidence regarding mobile phone calls undermined the prosecution case
  3. 3 Whether the trial judge misdirected the jury on adverse inference from silence in police interview

Ratio Decidendi

The convictions are not unsafe because the undisclosed media contacts and financial rewards to Nicholls did not materially undermine his credibility in the context of the trial, the fresh evidence regarding mobile phone calls did not affect the prosecution case, and the judge's directions on adverse inference, though not current, did not cause injustice.

Court Disposition

appeal dismissed

Orders

  • all three appeals against conviction are dismissed