Vasilou, R. v [2000] EWCA Crim 3541 (04 February 2000)
The conviction was unsafe due to the Crown's failure to disclose material information regarding prosecution witness convictions, which deprived the appellant and his advisers of information essential to trial strategy and cross-examination, creating a realistic prospect that the trial would have proceeded differently.
- Citation
- [2000] EWCA Crim 3541
- Parties
- Appellant: Mr Vasiliou; Respondent: The Crown
- Jurisdiction
- England and Wales
- Judgment Date
- 04 February 2000
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction
- Outcome
- appeal allowed; conviction quashed; retrial ordered; bail refused
- Legal Topics
- Robbery, Disclosure of Criminal Records, Unsafe Conviction, Retrial, Bail Application
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Vasiliou
Appellant
The Crown
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 Whether the failure by the Crown to disclose previous convictions of key prosecution witnesses rendered the conviction unsafe
- 2 Whether the appellant was prejudiced by the non-disclosure
- 3 Whether a retrial should be ordered
Ratio Decidendi
The conviction was unsafe due to the Crown's failure to disclose material information regarding prosecution witness convictions, which deprived the appellant and his advisers of information essential to trial strategy and cross-examination, creating a realistic prospect that the trial would have proceeded differently.
Court Disposition
appeal allowed; conviction quashed; retrial ordered; bail refused
Orders
- conviction quashed
- fresh indictment to be preferred within 14 days
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