R. v B [2008] EWCA Crim 1144 (01 May 2008)
The absence of critical evidence (original video interview, E-Fit, interview transcripts) meant the defendant could not receive a fair trial on count 1, and the trial judge's decision to stay the proceedings was not unreasonable. There was no basis for appellate interference.
- Citation
- [2008] EWCA Crim 1144
- Parties
- Applicant: Regina; Respondent: Crown; Defendant: Robert Bill
- Jurisdiction
- England and Wales
- Judgment Date
- 01 May 2008
- Procedural Posture
- Criminal Appeal / Prosecution Application for Leave to Appeal Terminating Ruling
- Outcome
- appeal dismissed
- Legal Topics
- Abuse of Process, Fair Trial, Joinder of Indictments, Identification Evidence, Disclosure Obligations
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Applicant
Crown
Respondent
Robert Bill
Defendant
Procedural Posture
Criminal Appeal / Prosecution Application for Leave to Appeal Terminating Ruling
Legal Issues
- 1 Whether the absence of critical evidence (video interview, E-Fit, interview transcripts) rendered a fair trial impossible for the defendant on count 1
- 2 Whether the judge's terminating ruling staying count 1 for abuse of process was unreasonable under section 67(c) of the Criminal Justice Act 2003
Ratio Decidendi
The absence of critical evidence (original video interview, E-Fit, interview transcripts) meant the defendant could not receive a fair trial on count 1, and the trial judge's decision to stay the proceedings was not unreasonable. There was no basis for appellate interference.
Court Disposition
appeal dismissed
Orders
- Ruling of Judge Rogers confirmed
- Defendant acquitted of count 1 on the indictment
Full Case Text
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