Boyce, R. v [2026] EWCA Crim 256 (19 February 2026)

Boyce, R. v [2026] EWCA Crim 256 (19 February 2026)

Leave to appeal against conviction is granted only on grounds relating to possible jury irregularity, as these are arguable and may affect the safety of the conviction. All other grounds, including those relating to bad character evidence, alternative counts, judicial conduct, and sentence, are unarguable or without merit. The judge was entitled to admit the previous convictions, the approach to alternative counts was legally permissible, no undue pressure was exerted on the co-defendant, and the sentence, including the finding of dangerousness, was justified by the facts and antecedents.

Citation
[2026] EWCA Crim 256
Parties
Respondent: Rex; Applicant: Ashley Boyce
Jurisdiction
England and Wales
Judgment Date
19 February 2026
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence
Outcome
Leave to appeal against conviction granted on grounds 1 and 2 (jury irregularity); refused on all other grounds. Leave to appeal against sentence refused.
Legal Topics
Jury Irregularity, Bad Character Evidence, Sentencing, Dangerousness, Sexual Offences, Appeal Procedure
Criminal Law Jury Irregularity Bad Character Evidence Sentencing Dangerousness Sexual Offences Appeal Procedure

Case Brief

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Parties

Rex

Respondent

Ashley Boyce

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether jury irregularity rendered the conviction unsafe
  2. 2 Whether admission of previous convictions as bad character evidence was proper
  3. 3 Whether the approach to alternative counts was correct

Ratio Decidendi

Leave to appeal against conviction is granted only on grounds relating to possible jury irregularity, as these are arguable and may affect the safety of the conviction. All other grounds, including those relating to bad character evidence, alternative counts, judicial conduct, and sentence, are unarguable or without merit. The judge was entitled to admit the previous convictions, the approach to alternative counts was legally permissible, no undue pressure was exerted on the co-defendant, and the sentence, including the finding of dangerousness, was justified by the facts and antecedents.

Court Disposition

Leave to appeal against conviction granted on grounds 1 and 2 (jury irregularity); refused on all other grounds. Leave to appeal against sentence refused.

Orders

  • Time extended for applications as requested.
  • Leave to appeal against conviction granted on grounds 1 and 2 only.