R v Ben Mason

R v Ben Mason

The use of section 28 procedures did not render the trial unfair as the applicant's defence was fully put before the jury through admissions and cross-examination, the jury received proper directions, and there was no misdirection on the burden of proof.

Parties
Prosecution: Rex; Applicant: Ben Mason
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction
Outcome
application for leave to appeal against conviction refused
Legal Topics
Sexual Offences, Child Witnesses, Fair Trial, Cross Examination, Burden of Proof
Criminal Law Sexual Offences Child Witnesses Fair Trial Cross Examination Burden of Proof

Case Brief

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Parties

Rex

Prosecution

Ben Mason

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the use of section 28 Youth Justice and Criminal Evidence Act 1999 procedures for child witnesses rendered the trial unfair
  2. 2 Whether the directions to the jury regarding limited cross-examination were adequate
  3. 3 Whether the complainant's evidence was sufficiently reliable to support a conviction

Ratio Decidendi

The use of section 28 procedures did not render the trial unfair as the applicant's defence was fully put before the jury through admissions and cross-examination, the jury received proper directions, and there was no misdirection on the burden of proof.

Court Disposition

application for leave to appeal against conviction refused

Orders

  • Leave to appeal against conviction refused
  • Application for extension of time refused