Flook, R v

Flook, R v

The conviction was unsafe because the judge introduced evidence not given at trial regarding HMRC practices and failed to fairly and adequately put the defence case to the jury, thereby undermining the fairness of the trial.

Parties
Respondent: Regina; Appellant: Robert Daniel Flook
Jurisdiction
England and Wales
Judgment Date
08 July 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal allowed; conviction quashed; retrial ordered
Legal Topics
Disclosure Obligations, Fair Trial, Judicial Summing Up, Importation of Controlled Substances, International Cooperation in Criminal Matters
Criminal Law Disclosure Obligations Fair Trial Judicial Summing Up Importation of Controlled Substances International Cooperation in Criminal Matters

Case Brief

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Parties

Regina

Respondent

Robert Daniel Flook

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the Crown complied with its disclosure obligations regarding documents held by South African authorities
  2. 2 Whether the trial judge introduced evidence not given at trial regarding HMRC practices
  3. 3 Whether the judge's summing up fairly and adequately put the defence case to the jury

Ratio Decidendi

The conviction was unsafe because the judge introduced evidence not given at trial regarding HMRC practices and failed to fairly and adequately put the defence case to the jury, thereby undermining the fairness of the trial.

Court Disposition

Appeal allowed; conviction quashed; retrial ordered

Orders

  • Conviction quashed
  • Retrial ordered