Maxwell & Anor v R. [2009] EWCA Crim 2552 (01 December 2009)

Maxwell & Anor v R. [2009] EWCA Crim 2552 (01 December 2009)

The Court has power to order a retrial after quashing a conviction for serious prosecutorial misconduct, provided the interests of justice require it and there is new and compelling evidence untainted by the misconduct. Despite grave misconduct, the public interest in convicting those guilty of murder outweighs the integrity concerns, given Maxwell's admissions constitute new and compelling evidence. Retrial is ordered.

Citation
[2009] EWCA Crim 2552
Parties
Appellant: Paul Maxwell; Appellant: Daniel Mansell; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
01 December 2009
Procedural Posture
Criminal Appeal / Reference by Criminal Cases Review Commission; Appeal Against Conviction; Application for Retrial
Outcome
convictions quashed; retrial ordered
Legal Topics
Abuse of Process, Prosecutorial Misconduct, Retrial, Disclosure Obligations, Fair Trial, Rule of Law
Criminal Law Criminal Procedure Abuse of Process Prosecutorial Misconduct Retrial Disclosure Obligations Fair Trial Rule of Law

Case Brief

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Parties

Paul Maxwell

Appellant

Daniel Mansell

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Reference by Criminal Cases Review Commission; Appeal Against Conviction; Application for Retrial

Legal Issues

  1. 1 Whether the Court of Appeal may order a retrial after quashing a conviction for serious prosecutorial misconduct
  2. 2 Whether a retrial is appropriate in circumstances of deliberate concealment and inducement of prosecution witness
  3. 3 Balancing public interest in conviction versus integrity of justice system

Ratio Decidendi

The Court has power to order a retrial after quashing a conviction for serious prosecutorial misconduct, provided the interests of justice require it and there is new and compelling evidence untainted by the misconduct. Despite grave misconduct, the public interest in convicting those guilty of murder outweighs the integrity concerns, given Maxwell's admissions constitute new and compelling evidence. Retrial is ordered.

Court Disposition

convictions quashed; retrial ordered

Orders

  • Appellants' convictions quashed
  • Retrial ordered for both appellants