Mitchell, Regina v: CACD 3 Apr 2003

Appeal against convictions for indecent assaults and rape of a child. He said that the judge had interfered in the presenttaion of his defence.
Held: ‘ the judge’s interventions and comments may have had the effect of bolstering V’s evidence at the expense of the appellant and his witnesses. In particular, the jury may well have been led to believe that the judge thought little of the defence. The summing up failed to compensate for any of these matters and is open to positive objections. We accordingly take the view that the convictions are indeed unsafe and must be quashed.’


Mance LJ, Collins J, Zucker QC HHJ


[2003] EWCA Crim 907




England and Wales


Updated: 07 June 2022; Ref: scu.180749