Webb & Anor, R v [2000] EWCA Crim 56 (23rd October, 2000)

Webb & Anor, R v [2000] EWCA Crim 56 (23rd October, 2000)

The convictions on Count 6 (conspiracy) were unsafe due to misdirection and improper reference to inadmissible evidence regarding acquitted co-defendants; however, the convictions on the remaining counts were safe as the evidence was overwhelming and the criticisms of judicial conduct and delay did not render the trial unfair.

Citation
[2000] EWCA Crim 56
Parties
Appellant: Robert Webb; Appellant: Moira Simpson; Respondent: Crown (Regina); Crown Advocate: Mr Fisher; Appellants' Junior Counsel: Mr Hill
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Appeal Against Conviction After Trial
Outcome
Appeal allowed in part; convictions on Count 6 quashed, appeal otherwise dismissed.
Legal Topics
Cheating the Revenue, Conspiracy to Cheat, False Accounting, Tax Avoidance, Judicial Conduct, Jury Directions, Delay in Criminal Trials

Case Brief

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Parties

Robert Webb

Appellant

Moira Simpson

Appellant

Crown (Regina)

Respondent

Mr Fisher

Crown Advocate

Mr Hill

Appellants' Junior Counsel

Procedural Posture

Criminal Appeal / Appeal Against Conviction After Trial

  1. 1 Whether the trial judge's questioning of defendants rendered the trial unfair
  2. 2 Whether delay and length of summing-up rendered the convictions unsafe
  3. 3 Whether there was misdirection on the conspiracy count (Count 6)

Ratio Decidendi

The convictions on Count 6 (conspiracy) were unsafe due to misdirection and improper reference to inadmissible evidence regarding acquitted co-defendants; however, the convictions on the remaining counts were safe as the evidence was overwhelming and the criticisms of judicial conduct and delay did not render the trial unfair.

Court Disposition

Appeal allowed in part; convictions on Count 6 quashed, appeal otherwise dismissed.

Orders

  • Convictions on Count 6 set aside.
  • Convictions on Counts 1, 2, 7, 8, and 9 upheld.