Murphy & Anor, R v [2002] EWCA Crim 120 (25th January, 2002)

Murphy & Anor, R v [2002] EWCA Crim 120 (25th January, 2002)

The core reasoning is that the cumulative effect of the fresh evidence and the previously undisclosed police material creates a real possibility that the jury would have concluded the victim had or might have had a gun, which was central to the defence of self-defence and the lawfulness of the killing. The non-disclosure of material evidence undermined the fairness of the trial and the safety of the convictions. The convictions are therefore unsafe and must be quashed.

Citation
[2002] EWCA Crim 120
Parties
Respondent: Regina; Appellant: Murphy; Appellant: Brannan
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Appeal Following Reference by Criminal Cases Review Commission Under Section 9(1) of the Criminal Appeal Act 1995
Outcome
Convictions quashed
Legal Topics
Murder, Joint Enterprise, Self Defence, Fresh Evidence, Non Disclosure, Appeal Procedure
Criminal Law Murder Joint Enterprise Self Defence Fresh Evidence Non Disclosure Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Regina

Respondent

Murphy

Appellant

Brannan

Appellant

Procedural Posture

Criminal Appeal / Appeal Following Reference by Criminal Cases Review Commission Under Section 9(1) of the Criminal Appeal Act 1995

Legal Issues

  1. 1 Whether fresh evidence creates a real possibility that the jury would have concluded the victim had or might have had a gun
  2. 2 Whether non-disclosure of police material rendered the convictions unsafe
  3. 3 Whether the convictions should be quashed in light of new evidence and disclosure

Ratio Decidendi

The core reasoning is that the cumulative effect of the fresh evidence and the previously undisclosed police material creates a real possibility that the jury would have concluded the victim had or might have had a gun, which was central to the defence of self-defence and the lawfulness of the killing. The non-disclosure of material evidence undermined the fairness of the trial and the safety of the convictions. The convictions are therefore unsafe and must be quashed.

Court Disposition

Convictions quashed

Orders

  • Convictions of murder against Murphy and Brannan are quashed.
  • No retrial is ordered.