Hadley & Ors, R. v

Hadley & Ors, R. v

The convictions were unsafe because the prosecution failed to disclose material (surveillance videos, notes, and schedules) that was capable of assisting the defence and undermining the prosecution's case. This material should have been disclosed, and its absence deprived the appellants of a fair trial. The...

Source-derived case information.

Parties
Respondent: The Queen; Appellant: Philip William Hadley; Appellant: Anthony Edward Hadley; Appellant: Joseph Skidmore; Appellant: Colin Mallows
Jurisdiction
England and Wales
Judgment Date
27 October 2006
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence, Application for Retrial
Outcome
Convictions quashed; retrial ordered
Legal Topics
Disclosure Obligations, Conspiracy to Supply Drugs, Abuse of Process, Retrial, Public Interest Immunity
Criminal Law Criminal Procedure Disclosure Obligations Conspiracy to Supply Drugs Abuse of Process Retrial Public Interest Immunity

Source-derived case record

Summary, issues, holding and outcome

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Parties

The Queen

Respondent

Philip William Hadley

Appellant

Anthony Edward Hadley

Appellant

Joseph Skidmore

Appellant

Colin Mallows

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence, Application for Retrial

Legal Issues

  1. 1 Whether the prosecution failed to disclose material that could undermine its case or assist the defence
  2. 2 Whether such non-disclosure rendered the convictions unsafe
  3. 3 Whether a retrial should be ordered in the interests of justice

Ratio Decidendi

The convictions were unsafe because the prosecution failed to disclose material (surveillance videos, notes, and schedules) that was capable of assisting the defence and undermining the prosecution's case. This material should have been disclosed, and its absence deprived the appellants of a fair trial. The convictions were therefore quashed and a retrial ordered.

Court Disposition

Convictions quashed; retrial ordered

Orders

  • Extensions of time to appeal granted to Philip Hadley and Joseph Skidmore
  • Leave to appeal against conviction granted to all appellants