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England and Wales Court of Appeal (Criminal Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Cook v R.  EWCA Crim 6 (19 January 2012)
Cite as:  Crim LR 692,  1 Cr App R 23,  EWCA Crim 6,  WLR(D) 5, (2012) 176 JP 195,  1 WLR 2451, 176 JP 195
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ON APPEAL FROM THE CROWN COURT AT BLACKFRIARS
HHJ BLACKSELL QC
Strand, London, WC2A 2LL
B e f o r e :
MR JUSTICE HICKINBOTTOM
RECORDER OF CROYDON HIS HONOUR JUDGE WARWICK McKINNON
SITTING AS A JUDGE OF THE COURT OF APPEAL CRIMINAL DIVISION
| SAM COOK
|- and -
|(1) PATRICK PATRICK BRYANT
(2) ROBERT COOK
MR. J. CHRISTOPHER QC appeared for the Respondent.
MR. A. BAJWA QC appeared for the Proposed Intervenors.
Hearing date: 12th January 2012
Crown Copyright ©
Lord Justice Hooper:
Is the prosecution entitled to allege in the Appellant's trial that the three acquitted men are conspirators notwithstanding their acquittal?
Mr Justice Hickinbottom:
"Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law."
" It seems to us this court should not be concerned with Everett's human rights under Article 6(2) in the circumstances of this case. In our view any rights Everett may have cannot be invoked by Mr Austin or Mr Tavakolinia to prevent them being tried for criminal activity involving Everett as there is no abuse of process or unfairness in the circumstances we have described. Everett was not a party to the second trial and the Crown were not seeking to question the fact he had been acquitted in the first trial."
"However, the question in the subsequent trial where such an issue arises is whether it is unfair to the other conspirators or improper for the Crown to be able to assert that an acquitted person was a party to the conspiracy."