BH, R. v
The trial judge was entitled to conclude that a fair trial was possible notwithstanding the delay, and the applicant failed to identify any specific prejudice arising from the delay; proper jury directions were given.
- Parties
- Respondent: Regina; Applicant: BH
- Jurisdiction
- England and Wales
- Judgment Date
- 08 December 2011
- Procedural Posture
- Criminal Appeal / 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 / 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
- 2 Whether the applicant could receive a fair trial given the delay and manner of proceedings
Ratio Decidendi
The trial judge was entitled to conclude that a fair trial was possible notwithstanding the delay, and the applicant failed to identify any specific prejudice arising from the delay; proper jury directions were given.
Court Disposition
application dismissed
Full Case Text
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