R. v B [2008] EWCA Crim 1144 (01 May 2008)

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

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Parties

Regina

Applicant

Crown

Respondent

Robert Bill

Defendant

Procedural Posture

Criminal Appeal / Prosecution Application for Leave to Appeal Terminating Ruling

  1. 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. 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