Reilly, R v

Reilly, R v

The application to quash the acquittal and order a retrial was dismissed because, despite the existence of new and compelling evidence, the respondent is not fit to plead or stand trial due to severe mental and physical illness, and his imminent death makes a fair trial impossible. It is not in the interests of justice to pursue the case further.

Parties
Applicant: Regina; Respondent: Patrick Joseph Reilly
Jurisdiction
England and Wales
Judgment Date
07 September 2017
Procedural Posture
Criminal / Application to Quash Acquittal and Order Retrial
Outcome
application dismissed
Legal Topics
Double Jeopardy, Retrial After Acquittal, New and Compelling Evidence, Interests of Justice, Fitness to Plead
Criminal Law Criminal Procedure Double Jeopardy Retrial After Acquittal New and Compelling Evidence Interests of Justice Fitness to Plead

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Parties

Regina

Applicant

Patrick Joseph Reilly

Respondent

Procedural Posture

Criminal / Application to Quash Acquittal and Order Retrial

Legal Issues

  1. 1 Whether new and compelling evidence exists to justify quashing the acquittal and ordering a retrial under Part 10 of the Criminal Justice Act 2003
  2. 2 Whether it is in the interests of justice to quash the acquittal and order a retrial given the respondent's medical and psychiatric condition

Ratio Decidendi

The application to quash the acquittal and order a retrial was dismissed because, despite the existence of new and compelling evidence, the respondent is not fit to plead or stand trial due to severe mental and physical illness, and his imminent death makes a fair trial impossible. It is not in the interests of justice to pursue the case further.

Court Disposition

application dismissed

Orders

  • All reporting restrictions previously in place with regard to this hearing and judgment fall away.