Z, R v
The conviction was unsafe due to the erroneous admission of unreliable confession evidence, misdirections on the defence of duress regarding escape and voluntary association, and failure to properly instruct the jury that voluntary association must relate to anticipation of threats to commit crimes of the type charged.
- Parties
- Respondent: Regina; Appellant: Z
- Jurisdiction
- England and Wales
- Judgment Date
- 27 February 2003
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
- Outcome
- Appeal allowed; conviction quashed.
- Legal Topics
- Duress, Confession, Voluntary Association, Misdirection, Police and Criminal Evidence Act, Human Rights Act, Contempt of Court
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Respondent
Z
Appellant
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Legal Issues
- 1 Admissibility of confidential police interview as evidence
- 2 Proper directions on the defence of duress
- 3 Scope of voluntary association limitation to duress
Ratio Decidendi
The conviction was unsafe due to the erroneous admission of unreliable confession evidence, misdirections on the defence of duress regarding escape and voluntary association, and failure to properly instruct the jury that voluntary association must relate to anticipation of threats to commit crimes of the type charged.
Court Disposition
Appeal allowed; conviction quashed.
Orders
- Conviction on count 2 quashed.
- Order under section 11 of the Contempt of Court Act 1981 prohibiting publicity of the officer's report and the fact that Z spoke to police about X and Y, except in a complete report of the judgment or legal journal.
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