R v Ben Smith

R v Ben Smith

The judge's directions on cross-admissibility, particularly on propensity, were not fit for purpose, lacked clarity and tailoring to the facts, and failed to address double counting and distinctions between offences. This rendered the convictions unsafe.

Parties
Appellant: Ben Smith; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
14 January 2025
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal allowed; convictions quashed; retrial ordered
Legal Topics
Cross Admissibility, Coincidence, Propensity, Sexual Offences, Controlling or Coercive Behaviour, Jury Directions, Unsafe Conviction, Retrial
Criminal Law Cross Admissibility Coincidence Propensity Sexual Offences Controlling or Coercive Behaviour Jury Directions Unsafe Conviction +1 more

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Parties

Ben Smith

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the judge's direction on cross-admissibility (coincidence and propensity) was adequate and properly tailored to the facts
  2. 2 Whether the convictions are safe given the directions provided to the jury

Ratio Decidendi

The judge's directions on cross-admissibility, particularly on propensity, were not fit for purpose, lacked clarity and tailoring to the facts, and failed to address double counting and distinctions between offences. This rendered the convictions unsafe.

Court Disposition

appeal allowed; convictions quashed; retrial ordered

Orders

  • All convictions quashed
  • Retrial ordered on all counts