Hardwicke & Anor, R v [2000] EWCA Crim 60 (10th November, 2000)

Hardwicke & Anor, R v [2000] EWCA Crim 60 (10th November, 2000)

The conduct of the journalists, while possibly criminal, was not so unworthy or shameful as to amount to an affront to public conscience requiring a stay of proceedings. The balancing exercise required by law was properly conducted by the trial judge, and a fair trial was possible despite the circumstances and publicity.

Citation
[2000] EWCA Crim 60
Parties
Appellant: Thwaites; Appellant: Hardwicke; Respondent: Crown
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Abuse of Process, Entrapment, Admissibility of Evidence, Journalistic Investigations, Drug Offences
Criminal Law Abuse of Process Entrapment Admissibility of Evidence Journalistic Investigations Drug Offences

Case Brief

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Parties

Thwaites

Appellant

Hardwicke

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the proceedings should be stayed as an abuse of process due to the conduct of journalists inciting the offence
  2. 2 Whether evidence obtained by journalists should be excluded under section 78 of the Police and Criminal Evidence Act 1984
  3. 3 Whether pre-trial publicity rendered a fair trial impossible

Ratio Decidendi

The conduct of the journalists, while possibly criminal, was not so unworthy or shameful as to amount to an affront to public conscience requiring a stay of proceedings. The balancing exercise required by law was properly conducted by the trial judge, and a fair trial was possible despite the circumstances and publicity.

Court Disposition

appeal dismissed