TL, R. v

TL, R. v

The judge erred by applying the principles of entrapment and abuse of process applicable to state actors to the conduct of a private citizen. The conduct of Mr U, a vigilante, was not so seriously improper as to compromise the integrity of the judicial system or justify a stay. There was no inducement or incitement by Mr U; the respondent freely took advantage of the opportunity. The circumstances did not warrant a stay of proceedings.

Parties
Appellant: Regina; Respondent: TL (Mr L)
Jurisdiction
England and Wales
Judgment Date
31 July 2018
Procedural Posture
Criminal Appeal / Appeal Against Stay of Proceedings (abuse of Process)
Outcome
appeal allowed
Legal Topics
Abuse of Process, Entrapment, Vigilante Evidence, Stay of Proceedings
Criminal Law Procedure Abuse of Process Entrapment Vigilante Evidence Stay of Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Appellant

TL (Mr L)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Stay of Proceedings (abuse of Process)

Legal Issues

  1. 1 Whether the activities of a private citizen (vigilante group) can constitute entrapment and justify a stay of criminal proceedings as an abuse of process
  2. 2 Whether the principles in R v Looseley apply to non-state actors
  3. 3 Whether the conduct of Mr U was so seriously improper as to compromise the integrity of the judicial system

Ratio Decidendi

The judge erred by applying the principles of entrapment and abuse of process applicable to state actors to the conduct of a private citizen. The conduct of Mr U, a vigilante, was not so seriously improper as to compromise the integrity of the judicial system or justify a stay. There was no inducement or incitement by Mr U; the respondent freely took advantage of the opportunity. The circumstances did not warrant a stay of proceedings.

Court Disposition

appeal allowed

Orders

  • leave to appeal granted
  • stay of proceedings set aside