R v Richard Wyn Lewis

R v Richard Wyn Lewis

The prosecution complied with the jurisdictional requirements of section 58 by informing the court in writing of its intention to appeal and giving the acquittal agreement, even though the defence was not informed at the same time. The trial judge erred in handling the disclosure application in closed session and in...

Source-derived case information.

Parties
Appellant: The Crown; Respondent: Richard Wyn Lewis
Jurisdiction
England and Wales
Judgment Date
24 February 2022
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against a Terminating Ruling Under Section 58 of the Criminal Justice Act 2003
Outcome
Appeal allowed; fresh trial ordered
Legal Topics
Disclosure, Police Informants, Procedural Fairness, Jurisdiction of Appellate Court, Bad Character Evidence
Criminal Law Criminal Procedure Disclosure Police Informants Procedural Fairness Jurisdiction of Appellate Court Bad Character Evidence

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Parties

The Crown

Appellant

Richard Wyn Lewis

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against a Terminating Ruling Under Section 58 of the Criminal Justice Act 2003

Legal Issues

  1. 1 Whether the prosecution complied with procedural requirements under section 58 of the Criminal Justice Act 2003 to confer jurisdiction on the Court of Appeal
  2. 2 Whether the trial judge erred in handling the defence disclosure application regarding alleged police informant status
  3. 3 Whether the disclosure sought was relevant and disclosable

Ratio Decidendi

The prosecution complied with the jurisdictional requirements of section 58 by informing the court in writing of its intention to appeal and giving the acquittal agreement, even though the defence was not informed at the same time. The trial judge erred in handling the disclosure application in closed session and in ordering disclosure; the material sought was not relevant or disclosable at the stage reached in the trial.

Court Disposition

Appeal allowed; fresh trial ordered

Orders

  • Leave to appeal granted
  • Appeal allowed