The Court held that It would only be in the rarest cases that expert or opinion evidence from a counsellor would be relevant or admissible. The starting point was always that a…
Category: Caselaw
R v BJ & Another [ 2020 ] EWCA Crim 790 – accessing digital evidence complainants
The Court considered the issue of disclosure of digital evidence as it related to cases involving complaint of sexual offending . It identified that the issues to be addressed were : The…
R v PR [ 2019 ] – Abuse of Process Lost Evidence
R v PR [ 2019] [1] In 2002, following a police investigation into allegations made by his six-year-old niece, a decision was made not to prosecute the defendant for offences of indecency…
R (on the application of Keogh) v Director of Public Prosecutions – Nunn Disclosure refusal
The claimant renewed his application for permission to challenge the failure of the DPP to permit access to CCTV footage introduced at his criminal trial or to the forensic file in those…
R v Connell – Hearsay
This appeal raised the issue of how to deal with a hearsay application where the Complainant was deceased . The complainants were his two step-daughters G & C, after providing an ABE…
R v Shaid – Non Defendant Bad Character and a shifting defence
Where the Defence wanted to adduce evidence of the deceased bad character over threats to use a gun the Court declined to admit this evidence and concluded the trial Judge had made…
Parashar v Sunderland Magistrates Court – Adjournment for a Defence Expert
The Court quashed a decision made by a District Judge refusing to vacate atrial where a prosecution expert could attend but a defence expert could not . “This claim is for judicial…
Adverse Inferences – Written Directions – Ricky Green [2019] EWCA Crim 411
The appellant was convicted of s20, inflicting grievous bodily harm. . The grounds for appeal are that the judge wrongly gave the jury an adverse inference direction under s34 of the Criminal…
Majority Verdict Mistake – a writ of venire de novo – Patten [2018] EWCA Crim 2492
The appellant was sentenced to 15 years imprisonment for indecent assault, indecency with a child and rape, and appealed against sentence. The Court identified an irregularity at trial. A juror had been…
Terminating Rulings – Email Undertaking – PY [2019] EWCA Crim 17
The prosecution brought an appeal against a binding ruling, under s58 of the Criminal Justice Act 2003 and were required to give an “acquittal undertaking”. The prosecution notified the court of its…