Shillam v R

Shillam v R

The judge’s directions were defective, allowing the jury to convict without proof of a single joint conspiracy; the evidence did not establish the appellant as party to a conspiracy beyond buying cocaine from Robb, rendering the conviction unsafe.

Source-derived case information.

Parties
Appellant: Wayne Lee Shillam; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
22 February 2013
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed; conviction quashed
Legal Topics
Conspiracy, Misdirection, Joint Criminal Enterprise
Criminal Law Conspiracy Misdirection Joint Criminal Enterprise

Source-derived case record

Summary, issues, holding and outcome

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Parties

Wayne Lee Shillam

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge misdirected the jury on the requirements for conviction of conspiracy
  2. 2 Whether the appellant was party to a single conspiracy as charged or merely a buyer from Robb

Ratio Decidendi

The judge’s directions were defective, allowing the jury to convict without proof of a single joint conspiracy; the evidence did not establish the appellant as party to a conspiracy beyond buying cocaine from Robb, rendering the conviction unsafe.

Court Disposition

appeal allowed; conviction quashed

Orders

  • appellant's conviction quashed