ADDITIONAL DISCLOSURE

Following an offender’s conviction for conspiracy to cheat the public revenue arising out of a carousel fraud, the disclosure of additional material relating to other fraudulent operations would have been seriously damaging to his defence, rather than helpful to it, and would not have warranted a different conclusion as to the offender’s credibility or his knowledge of the VAT fraud, and his conviction was, therefore, safe.

[2009] EWCA Crim 1939

A judge had been right in refusing to order the further disclosure of diaries kept by a complainant who had alleged indecent assault by her mother and step-father where the prosecution had stated in open court that they contained no reference to the allegations made. What was important to the defence was the admitted absence of any reference to abuse in any disclosed diary, and the refusal of further disclosure had not been unfair nor prejudicial and did not render the mother and step-father’s convictions for indecent assault and indecency with a child unsafe.

[2009] EWCA Crim 1943