Clark, R v

Clark, R v

The convictions were unsafe because material microbiological evidence suggesting Harry Clark may have died from natural causes was not disclosed to the defence or considered at trial. This evidence, if presented, might reasonably have affected the jury's verdict. The statistical evidence presented at trial was misleading and should not have been admitted. The failures in disclosure and the divided medical opinions preclude a safe conviction.

Parties
Prosecution: R; Appellant: Sally Clark
Jurisdiction
England and Wales
Judgment Date
11 April 2003
Procedural Posture
Criminal Appeal / Reference by Criminal Cases Review Commission Under Section 9 of the Criminal Appeal Act 1995
Outcome
appeal allowed; convictions quashed
Legal Topics
Murder, Fresh Evidence, Disclosure Obligations, Unsafe Conviction, Expert Evidence, Statistical Evidence
Criminal Law Evidence Law Medical Law Murder Fresh Evidence Disclosure Obligations Unsafe Conviction Expert Evidence +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

R

Prosecution

Sally Clark

Appellant

Procedural Posture

Criminal Appeal / Reference by Criminal Cases Review Commission Under Section 9 of the Criminal Appeal Act 1995

Legal Issues

  1. 1 Whether the failure to disclose microbiological evidence rendered the convictions unsafe
  2. 2 Whether statistical evidence misled the jury
  3. 3 Whether fresh evidence regarding natural causes of death should have been considered

Ratio Decidendi

The convictions were unsafe because material microbiological evidence suggesting Harry Clark may have died from natural causes was not disclosed to the defence or considered at trial. This evidence, if presented, might reasonably have affected the jury's verdict. The statistical evidence presented at trial was misleading and should not have been admitted. The failures in disclosure and the divided medical opinions preclude a safe conviction.

Court Disposition

appeal allowed; convictions quashed

Orders

  • Convictions for murder quashed
  • No retrial ordered