Livingstone, R v [2013] NICA 33 (25 June 2013)

Livingstone, R v [2013] NICA 33 (25 June 2013)

Non-disclosure of material relating to police misconduct and bias deprived the appellant of the opportunity to challenge the credibility of key police witnesses, rendering the conviction unsafe.

Citation
[2013] NICA 33
Parties
Prosecution: The Queen; Appellant: Patrick Livingstone
Jurisdiction
Northern Ireland
Judgment Date
25 June 2013
Procedural Posture
Criminal Appeal / Appeal by Way of Reference From the Criminal Cases Review Commission
Outcome
appeal allowed
Legal Topics
Disclosure Obligations, Bias of Witnesses, Safety of Conviction, Fresh Evidence
Criminal Law Evidence Law Disclosure Obligations Bias of Witnesses Safety of Conviction Fresh Evidence

Case Brief

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Parties

The Queen

Prosecution

Patrick Livingstone

Appellant

Procedural Posture

Criminal Appeal / Appeal by Way of Reference From the Criminal Cases Review Commission

Legal Issues

  1. 1 Whether non-disclosure of material relating to police bias and misconduct rendered the conviction unsafe
  2. 2 Whether fresh evidence should be admitted to challenge the credibility of police witnesses

Ratio Decidendi

Non-disclosure of material relating to police misconduct and bias deprived the appellant of the opportunity to challenge the credibility of key police witnesses, rendering the conviction unsafe.

Court Disposition

appeal allowed

Orders

  • Conviction quashed
  • Fresh evidence admitted pursuant to section 25(1) of the Criminal Appeal (Northern Ireland) Act 1980