Makin, R v [2004] EWCA Crim 1607 (23 June 2004)

Makin, R v [2004] EWCA Crim 1607 (23 June 2004)

There was no obligation on the prosecution to disclose the problems with the witness prior to the appellant's guilty plea, as the material did not go to innocence or guilt and the plea was freely entered on an agreed basis. No prosecutorial misconduct was found, and the application to vacate the plea was properly refused.

Citation
[2004] EWCA Crim 1607
Parties
Appellant: R; Respondent: Stephen Christopher Makin
Jurisdiction
England and Wales
Judgment Date
23 June 2004
Procedural Posture
Criminal Appeal / Appeal Against Refusal to Vacate Guilty Plea
Outcome
appeal dismissed
Legal Topics
Disclosure, Vacating Guilty Plea, Fraudulent Evasion of Duty, Controlled Delivery, Entrapment
Criminal Law Disclosure Vacating Guilty Plea Fraudulent Evasion of Duty Controlled Delivery Entrapment

Case Brief

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Parties

R

Appellant

Stephen Christopher Makin

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal to Vacate Guilty Plea

Legal Issues

  1. 1 Whether the prosecution had a duty to disclose problems with a witness before the appellant pleaded guilty
  2. 2 Whether the appellant should be permitted to vacate his guilty plea

Ratio Decidendi

There was no obligation on the prosecution to disclose the problems with the witness prior to the appellant's guilty plea, as the material did not go to innocence or guilt and the plea was freely entered on an agreed basis. No prosecutorial misconduct was found, and the application to vacate the plea was properly refused.

Court Disposition

appeal dismissed