Clark & Anor v R.

Clark & Anor v R.

The convictions were quashed because substantial non-disclosure by the prosecution meant the jury might reasonably have reached different verdicts. Despite the delay, served sentences, and prosecutorial errors, the interests of justice required a retrial given the gravity of the alleged police corruption and the strength of the remaining evidence.

Parties
Appellant: Robert Clark; Appellant: Christopher Drury; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
03 December 2010
Procedural Posture
Criminal Appeal / Appeal From Conviction, Post CCRC Reference
Outcome
Convictions quashed; retrial ordered on counts 10-13 for both appellants.
Legal Topics
Non Disclosure, Retrial, Police Corruption, Evidence Admissibility, Abuse of Process
Criminal Law Non Disclosure Retrial Police Corruption Evidence Admissibility Abuse of Process

Case Brief

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Parties

Robert Clark

Appellant

Christopher Drury

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction, Post CCRC Reference

Legal Issues

  1. 1 Whether substantial non-disclosure by the prosecution rendered the convictions unsafe
  2. 2 Whether a retrial should be ordered given the passage of time, served sentences, and prosecutorial errors
  3. 3 Whether the failures in disclosure constituted gross prosecutorial misbehaviour

Ratio Decidendi

The convictions were quashed because substantial non-disclosure by the prosecution meant the jury might reasonably have reached different verdicts. Despite the delay, served sentences, and prosecutorial errors, the interests of justice required a retrial given the gravity of the alleged police corruption and the strength of the remaining evidence.

Court Disposition

Convictions quashed; retrial ordered on counts 10-13 for both appellants.

Orders

  • Formal order for retrial to be made at hand down.
  • Any legal aid contributions already paid to be refunded; outstanding amounts no longer payable.