Murphy, R. v

Murphy, R. v

The trial judge was entitled to admit evidence of the defence witness's bad character under s.100 CJA 2003, as it had substantial probative value regarding credibility, and the judge properly limited prejudice by restricting details under s.78 PACE 1984.

Parties
Prosecution: Regina; Appellant: Anthony Murphy
Jurisdiction
England and Wales
Judgment Date
12 February 2020
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Bad Character Evidence, Admissibility of Evidence, Sexual Offences, Credibility of Witnesses
Criminal Law Bad Character Evidence Admissibility of Evidence Sexual Offences Credibility of Witnesses

Case Brief

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Parties

Regina

Prosecution

Anthony Murphy

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the admission of a defence witness's bad character under s.100 Criminal Justice Act 2003 was proper
  2. 2 Whether the evidence should have been excluded under s.78 Police And Criminal Evidence Act 1984 due to unfair prejudice

Ratio Decidendi

The trial judge was entitled to admit evidence of the defence witness's bad character under s.100 CJA 2003, as it had substantial probative value regarding credibility, and the judge properly limited prejudice by restricting details under s.78 PACE 1984.

Court Disposition

appeal dismissed

Orders

  • conviction upheld
  • no residual doubts about the safety of the convictions