G(G) & Anor, R. v

G(G) & Anor, R. v

The application failed because the new evidence from the former co-defendant was not demonstrated to be reliable or compelling as required by statute; his history of manipulation and self-interest undermined the credibility of his evidence.

Parties
Applicant: Regina; Respondent: G(G); Respondent: B(S)
Jurisdiction
England and Wales
Judgment Date
12 June 2009
Procedural Posture
Criminal Appeal / Application to Quash Acquittals and Order Retrial
Outcome
Application refused
Legal Topics
Double Jeopardy, Quashing Acquittals, New and Compelling Evidence, Interests of Justice, Police Informants
Criminal Law Criminal Procedure Double Jeopardy Quashing Acquittals New and Compelling Evidence Interests of Justice Police Informants

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Parties

Regina

Applicant

G(G)

Respondent

B(S)

Respondent

Procedural Posture

Criminal Appeal / Application to Quash Acquittals and Order Retrial

Legal Issues

  1. 1 Whether there is new and compelling evidence to justify quashing the acquittals under s 76 CJA 2003
  2. 2 Whether it is in the interests of justice to order a retrial

Ratio Decidendi

The application failed because the new evidence from the former co-defendant was not demonstrated to be reliable or compelling as required by statute; his history of manipulation and self-interest undermined the credibility of his evidence.

Court Disposition

Application refused

Orders

  • Crown's application to quash the acquittals is refused
  • Reporting restrictions imposed on the main judgment under s 4(2) Contempt of Court Act 1981 until further order