Maxwell & Anor v R.

Maxwell & Anor v R.

The Court has power to order a retrial after quashing convictions for serious prosecutorial misconduct if new and compelling evidence exists. Maxwell's admissions constitute such evidence and are untainted by the misconduct. However, there is insufficient admissible evidence against Mansell to justify a retrial. The public interest in convicting those guilty of murder outweighs the integrity concerns in Maxwell's case.

Parties
Appellant: Paul Maxwell; Appellant: Daniel Mansell; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
01 December 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal and Retrial Application
Outcome
Convictions quashed; retrial ordered for Maxwell only; no retrial for Mansell.
Legal Topics
Abuse of Process, Prosecutorial Misconduct, Retrial, Disclosure Obligations, Hearsay Evidence
Criminal Law Criminal Procedure Abuse of Process Prosecutorial Misconduct Retrial Disclosure Obligations Hearsay Evidence

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Parties

Paul Maxwell

Appellant

Daniel Mansell

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal and Retrial Application

Legal Issues

  1. 1 Whether the Court of Appeal may order a retrial after quashing a conviction for serious prosecutorial misconduct
  2. 2 Whether new and compelling evidence exists to justify a retrial
  3. 3 Admissibility of admissions against co-defendant under hearsay provisions

Ratio Decidendi

The Court has power to order a retrial after quashing convictions for serious prosecutorial misconduct if new and compelling evidence exists. Maxwell's admissions constitute such evidence and are untainted by the misconduct. However, there is insufficient admissible evidence against Mansell to justify a retrial. The public interest in convicting those guilty of murder outweighs the integrity concerns in Maxwell's case.

Court Disposition

Convictions quashed; retrial ordered for Maxwell only; no retrial for Mansell.

Orders

  • Retrial for Maxwell on murder and two robbery counts
  • No retrial for Mansell