Mathurin, R. v [2025] EWCA Crim 1254 (11 June 2025)

Mathurin, R. v [2025] EWCA Crim 1254 (11 June 2025)

The judge's interventions during cross-examination went beyond clarification and amounted to testing the appellant's account, conveying scepticism and undermining the fairness of the trial. This impermissible entry into the arena rendered the conviction unsafe.

Citation
[2025] EWCA Crim 1254
Parties
Respondent: Rex; Appellant: Andre Mathurin
Jurisdiction
England and Wales
Judgment Date
11 June 2025
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal allowed; conviction quashed; retrial ordered
Legal Topics
Judicial Interventions, Unsafe Conviction, Fair Trial, Controlled Drugs, Judge's Role, Jury Directions
Criminal Law Judicial Interventions Unsafe Conviction Fair Trial Controlled Drugs Judge's Role Jury Directions

Case Brief

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Parties

Rex

Respondent

Andre Mathurin

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the judge's interventions during cross-examination rendered the conviction unsafe
  2. 2 Whether the judge impermissibly entered the arena and challenged the appellant's account

Ratio Decidendi

The judge's interventions during cross-examination went beyond clarification and amounted to testing the appellant's account, conveying scepticism and undermining the fairness of the trial. This impermissible entry into the arena rendered the conviction unsafe.

Court Disposition

appeal allowed; conviction quashed; retrial ordered

Orders

  • Conviction quashed.
  • Retrial ordered on count 1 (supplying a controlled drug of Class A).