Source: All England Reporter
Publisher Citation: [2006] All ER (D) 340 (Oct)
Neutral Citation: [2006] EWCA Crim 2544
Court: Court of Appeal, Criminal Division
Judge:

Moore-Bick LJ, Grigson J and Judge Moss

Representation Robin Spencer and Charles Benson (instructed by Draycott Browne) for the first defendant.
  Anthony Barraclough and Ian McMeekin (instructed by Draycott Browne) for the second defendant.
  Alan Conrad and Rachel Smith (assigned by the Registrar of Criminal Appeals) for the third defendant.
  Sean Morris and Richard Wright (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 27 October 2006

Catchwords

Criminal evidence - Character of accused - Evidence against co-accused - Discretion of judge - Whether exclusion of bad character evidence rendering conviction unsafe - , s 101.

The Case

In the case of defendants who had been convicted of supplying heroin, and where the prosecution had failed to disclose material to the defence, it was held that the undisclosed information, which was capable of assisting the defendants' case and of undermining the prosecution case, ought to have been disclosed. It followed that the convictions were unsafe and would be quashed.

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