The defendant appealed against his conviction for serious sexual offences. The trial was very lengthy after the prosecution introduced bad character evidence from other allegations from some 17 years or more before.
Judges:
Scott Baker LJ, Rafferty DBE J, Beatson J
Citations:
[2009] EWCA Crim 905, [2009] 2 Cr App R 16, [2009] Crim LR 827
Links:
Statutes:
Criminal Procedure Rules 2005 (S1 2005 No. 384), Criminal Justice Act 2003
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Hanson; Regina v Gilmore; Regina v Pickstone CACD 22-Mar-2005
In each case complaint was made about the way in which the judge had dealt with applications by the Crown to bring in the defendant’s bad character as evidence of his propensity to commit the crime.
Held: The court set out the applicable . .
Cited – Mckenzie v Regina CACD 11-Apr-2008
. .
Cited – Wallace v Regina CACD 16-Jul-2007
. .
Cited – Edwards and Another, Regina v CACD 21-Dec-2005
Each defendant challenged the use of bad character evidence against them under the 2003 Act.
Held: There is no blueprint for bad character directions. The requirements for a fair trial will depend upon the evidence and the issues which arise . .
Approved – DM, Regina v CACD 21-Apr-2008
The accused appealed after the admission of bad character evidence in respect of allegations for which he had not faced prosecution. Moses LJ said that a jury would need ‘to consider with as much detail and concentration all the facts’ in relation . .
Cited by:
Cited – Mitchell, Regina v SC 19-Oct-2016
Appeal against conviction for murder. Evidence was agreed with her representatives as to previous acts using knives, but was presented despite withdrawal by her of her consent. The prosecution now appealed against the quashing of the conviction.
Applied – Mitchell, Regina v CANI 30-Apr-2015
Appeal from conviction for murder. The conviction had been obtained after evidence was led as to previous occasions on which the defendant was said to have used knives in violent encounters as evidence of bad character.
Held: Leave to appeal . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence
Updated: 17 June 2022; Ref: scu.342961