R v BHB

R v BHB

The appeal was dismissed because the trial judge exercised his discretion properly in refusing to discharge the jury, the evidence on the remaining counts was sufficient for the jury's consideration, the exclusion of certain evidence was correct as it was irrelevant, the jury directions were adequate to prevent improper speculation, and the late disclosure did not cause material unfairness or render the conviction unsafe.

Parties
Appellant: B.H.B.; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
23 July 2024
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Sexual Offences, Jury Directions, Disclosure Obligations, Appeal Against Conviction, Credibility of Witnesses
Criminal Law Sexual Offences Jury Directions Disclosure Obligations Appeal Against Conviction Credibility of Witnesses

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Parties

B.H.B.

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in refusing to discharge the jury after late disclosure and changes in the prosecution's case
  2. 2 Whether the judge was wrong to refuse submissions of no case to answer on certain counts
  3. 3 Whether exclusion of certain defence evidence was proper

Ratio Decidendi

The appeal was dismissed because the trial judge exercised his discretion properly in refusing to discharge the jury, the evidence on the remaining counts was sufficient for the jury's consideration, the exclusion of certain evidence was correct as it was irrelevant, the jury directions were adequate to prevent improper speculation, and the late disclosure did not cause material unfairness or render the conviction unsafe.

Court Disposition

appeal dismissed