R v Aaron Hewson

R v Aaron Hewson

The cumulative effect of the Recorder's comments, which were repeatedly adverse to the defence and not sufficiently balanced by reminders of material defence evidence, created an unfairly unbalanced summing-up. This gave rise to a real risk that the jury would perceive the judge as favouring the prosecution, undermining the safety of the convictions. The convictions on all counts (except the count to which the appellant pleaded guilty) were therefore quashed.

Parties
Appellant: Aaron Hewson; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
Appeal allowed; convictions quashed (except for count 7, to which the appellant pleaded guilty)
Legal Topics
Sexual Offences, Summing Up, Judicial Impartiality, Appeal Against Conviction
Criminal Law Sexual Offences Summing Up Judicial Impartiality Appeal Against Conviction

Case Brief

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Parties

Aaron Hewson

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

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, which were repeatedly adverse to the defence and not sufficiently balanced by reminders of material defence evidence, created an unfairly unbalanced summing-up. This gave rise to a real risk that the jury would perceive the judge as favouring the prosecution, undermining the safety of the convictions. The convictions on all counts (except the count to which the appellant pleaded guilty) were therefore quashed.

Court Disposition

Appeal allowed; convictions quashed (except for count 7, to which the appellant pleaded guilty)

Orders

  • Convictions on all counts except count 7 quashed
  • No retrial ordered