Irvine, R v [2002] EWCA Crim 29 (14 January 2002)

Irvine, R v [2002] EWCA Crim 29 (14 January 2002)

The conviction is unsafe because the only real evidence against the appellant was the alleged admissions made in the police car, which were subsequently denied and undermined by the discrediting of the police officers involved. The evidence of Millard was also seriously undermined. There is no basis for upholding the conviction in light of the evidence now before the court.

Citation
[2002] EWCA Crim 29
Parties
Prosecution: R; Appellant: Patrick Irvine
Jurisdiction
England and Wales
Judgment Date
14 January 2002
Procedural Posture
Criminal Appeal / Reference by Criminal Cases Review Commission Under Section 9 of the Criminal Appeal Act 1995
Outcome
conviction quashed
Legal Topics
Unsafe Conviction, Police Misconduct, Admissibility of Evidence, Confession, Appeal Procedure
Criminal Law Unsafe Conviction Police Misconduct Admissibility of Evidence Confession Appeal Procedure

Case Brief

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Parties

R

Prosecution

Patrick Irvine

Appellant

Procedural Posture

Criminal Appeal / Reference by Criminal Cases Review Commission Under Section 9 of the Criminal Appeal Act 1995

Legal Issues

  1. 1 Whether the conviction of Patrick Irvine is unsafe due to discredited police evidence and the impact of the quashing of a co-accused's conviction
  2. 2 Whether the alleged admissions by the appellant were reliable and admissible

Ratio Decidendi

The conviction is unsafe because the only real evidence against the appellant was the alleged admissions made in the police car, which were subsequently denied and undermined by the discrediting of the police officers involved. The evidence of Millard was also seriously undermined. There is no basis for upholding the conviction in light of the evidence now before the court.

Court Disposition

conviction quashed

Orders

  • convictions set aside
  • appeal allowed