BH, R. v [2011] EWCA Crim 3079 (08 December 2011)
The application was dismissed because the trial judge was entitled to conclude that a fair trial was possible despite the delay, the jury was properly directed on the issue, and no specific prejudice was demonstrated by the applicant.
- Citation
- [2011] EWCA Crim 3079
- Parties
- Respondent: Regina; Applicant: BH
- Jurisdiction
- England and Wales
- Judgment Date
- 08 December 2011
- Procedural Posture
- Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
- Outcome
- application dismissed
- Legal Topics
- Rape, Historic Sex Abuse, Abuse of Process, Delay in Reporting, Fair Trial
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Respondent
BH
Applicant
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Legal Issues
- 1 Whether the indictment should have been stayed as an abuse of process due to delay in reporting and alleged prejudice to the applicant's ability to receive a fair trial
Ratio Decidendi
The application was dismissed because the trial judge was entitled to conclude that a fair trial was possible despite the delay, the jury was properly directed on the issue, and no specific prejudice was demonstrated by the applicant.
Court Disposition
application dismissed
Full Case Text
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