Harding, R. v [2023] EWCA Crim 937 (21 July 2023)
The statutory tests for admitting bad character evidence under section 100 of the Criminal Justice Act 2003 were not met; the evidence was irrelevant, speculative, and had no probative value. Its exclusion did not render the conviction unsafe given the overwhelming evidence against the applicant.
- Citation
- [2023] EWCA Crim 937
- Parties
- Prosecution: Rex; Applicant/defendant: Grant Harding
- Jurisdiction
- England and Wales
- Judgment Date
- 21 July 2023
- Procedural Posture
- Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
- Outcome
- application for leave to appeal refused
- Legal Topics
- Bad Character Evidence, Admissibility of Evidence, Murder, Diminished Responsibility, Appeal Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Grant Harding
Applicant/defendant
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Legal Issues
- 1 Whether the trial judge erred in refusing to admit bad character evidence relating to the deceased under section 100 of the Criminal Justice Act 2003
- 2 Whether exclusion of such evidence rendered the conviction unsafe
Ratio Decidendi
The statutory tests for admitting bad character evidence under section 100 of the Criminal Justice Act 2003 were not met; the evidence was irrelevant, speculative, and had no probative value. Its exclusion did not render the conviction unsafe given the overwhelming evidence against the applicant.
Court Disposition
application for leave to appeal refused
Orders
- Application for leave to appeal against conviction is refused.
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