Hewson, R. v [2023] EWCA Crim 1657 (03 November 2023)

Hewson, R. v [2023] EWCA Crim 1657 (03 November 2023)

The cumulative effect of the Recorder's comments in summing-up was unfairly unbalanced and adverse to the defence, creating a real risk that the jury would perceive the judge as favouring the prosecution, thereby undermining the safety of the convictions.

Citation
[2023] EWCA Crim 1657
Parties
Prosecution: Rex; Appellant: Aaron Hewson
Jurisdiction
England and Wales
Judgment Date
03 November 2023
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; convictions quashed on all counts except count 7 (guilty plea).
Legal Topics
Sexual Offences, Judicial Directions, Summing Up, Jury Trial, Appeal Against Conviction, Judicial Impartiality
Criminal Law Sexual Offences Judicial Directions Summing Up Jury Trial Appeal Against Conviction Judicial Impartiality

Case Brief

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Parties

Rex

Prosecution

Aaron Hewson

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge's summing-up was unfairly unbalanced and adverse to the defence, thereby rendering the convictions unsafe

Ratio Decidendi

The cumulative effect of the Recorder's comments in summing-up was unfairly unbalanced and adverse to the defence, creating a real risk that the jury would perceive the judge as favouring the prosecution, thereby undermining the safety of the convictions.

Court Disposition

Appeal allowed; convictions quashed on all counts except count 7 (guilty plea).

Orders

  • Convictions on all counts except count 7 quashed.