R v John Allcock & Anor
[2023] EWCA Crim 1010
R v Reece David O’Flaherty
17 July 2024
[2024] EWCA Crim 964
Court of Appeal
A man was convicted of drug dealing. He appealed, claiming his lawyer was bad, the court cases were wrongly joined together, the judge was unfair, and that there was new evidence. The Court of Appeal disagreed, saying his lawyer did a good enough job, the cases were rightly joined, the judge was fair, and the new evidence wouldn't change anything. His appeal was dismissed.
Key Facts
- •Reece David O'Flaherty convicted of possession with intent to supply cocaine (count 2), acquitted of a similar charge (count 1).
- •Two indictments joined (T20210529 and T20227460).
- •54-month prison sentence.
- •Drugs found at two locations: 248g cocaine at an address associated with the applicant (count 1), and 67.58g diamorphine at the Rivlyn Hotel Scarborough (count 2).
- •Applicant's DNA found on some of the drug packaging.
- •Applicant's defence: denied possession/control, claimed he left the hotel room and someone else left the drugs.
- •Applicant's appeal: grounds include inadequate defence counsel, improper joinder of indictments, failure to obtain expert evidence, and judge bias.
Legal Principles
Joinder of indictments is permissible if there is a sufficient nexus between the offences.
Criminal Procedure Rules
The prosecution must prove the case beyond a reasonable doubt; the defendant does not have to prove their innocence.
Common law principles of criminal procedure
Counsel's duty is to provide realistic advice on pleas and to act in the best interests of their client.
Professional conduct rules for barristers
A judge's summing up should be balanced and not convey a personal view.
Common law principles of fair trial
Fresh evidence is admissible only if it would have a material effect on the outcome of the trial.
Section 23(2)(b) Criminal Appeal Act 1968
Outcomes
Application for leave to appeal against conviction refused.
No arguable grounds for appeal; the conviction was safe.
Application for extension of time refused.
Appeal is not arguable; not in the interests of justice to extend time.
Bail application refused.
Conviction is safe; no arguable grounds for bail.
Application to call witnesses refused.
Not supported by arguable grounds of appeal.
Application for a representation order refused.
Not supported by arguable grounds of appeal.