Thirwell, R v [2002] EWCA Crim 286 (14th February, 2002)

Thirwell, R v [2002] EWCA Crim 286 (14th February, 2002)

The police did not actively mislead the applicant or his solicitor, nor act unfairly in respect of the interviews; non-disclosure of provisional medical evidence did not render the interviews inadmissible; the judge's summing-up on the cause of death was correct on the evidence.

Citation
[2002] EWCA Crim 286
Parties
Prosecution: R; Applicant: Robert Thirwell
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
Leave to appeal granted on the second ground (admission of conversations at YOI); refused on first and third grounds.
Legal Topics
Murder, Admissibility of Evidence, Police Disclosure, Fair Trial, Summation by Judge
Criminal Law Murder Admissibility of Evidence Police Disclosure Fair Trial Summation by Judge

Case Brief

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Parties

R

Prosecution

Robert Thirwell

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether police failure to disclose post-mortem report rendered interview inadmissible
  2. 2 Whether conversations at Young Offender Institution should have been admitted
  3. 3 Whether judge's summing-up on cause of death was fair

Ratio Decidendi

The police did not actively mislead the applicant or his solicitor, nor act unfairly in respect of the interviews; non-disclosure of provisional medical evidence did not render the interviews inadmissible; the judge's summing-up on the cause of death was correct on the evidence.

Court Disposition

Leave to appeal granted on the second ground (admission of conversations at YOI); refused on first and third grounds.

Orders

  • Leave to appeal granted on ground relating to YOI conversations.
  • Leave to appeal refused on grounds relating to police interview and judge's summing-up.