R v JOSHUA HORNE (2020)

2 April 2020

[2020] EWCA Crim 487

CA (Crim Div) (Fulford LJ, Carr J, Goss J)

A conviction for conspiracy to pervert the course of justice, involving two co-conspirators only, was quashed as the trial judge had erred in admitting under the Police and Criminal Evidence Act 1984 s.74(1) evidence of the guilty plea of one co-conspirator in the trial of the other. In a “closed” conspiracy involving only two alleged conspirators, such evidence effectively decided the central issue of whether the defendants had entered into the conspiracy and should have been excluded under s.78 of the Act.

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