R v Bobby George Nethercott

R v Bobby George Nethercott

The conviction for manslaughter (count 6) was unsafe because the judge misstated the expert evidence regarding whether the fatal injury was caused by a punch or a push, and failed to correct this misdirection, which was central to the jury's determination. Other grounds of appeal were not arguable. The sentence was not manifestly excessive. A retrial on count 6 was ordered in the interests of justice.

Parties
Appellant: Bobby George Nethercott; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
23 February 2023
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence, With Order for Retrial
Outcome
appeal against conviction on count 6 allowed; conviction quashed; retrial ordered; appeal against sentence refused
Legal Topics
Manslaughter, Assault Occasioning Actual Bodily Harm, Admissibility of Bad Character Evidence, Jury Directions, Self Defence, Householder Defence, Retrial, Sentencing Guidelines
Criminal Law Manslaughter Assault Occasioning Actual Bodily Harm Admissibility of Bad Character Evidence Jury Directions Self Defence Householder Defence Retrial +1 more

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Parties

Bobby George Nethercott

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence, With Order for Retrial

Legal Issues

  1. 1 Whether the conviction for manslaughter (count 6) was unsafe due to misdirection regarding expert evidence
  2. 2 Whether the admission of bad character evidence was proper
  3. 3 Whether the absence of written jury directions rendered the conviction unsafe

Ratio Decidendi

The conviction for manslaughter (count 6) was unsafe because the judge misstated the expert evidence regarding whether the fatal injury was caused by a punch or a push, and failed to correct this misdirection, which was central to the jury's determination. Other grounds of appeal were not arguable. The sentence was not manifestly excessive. A retrial on count 6 was ordered in the interests of justice.

Court Disposition

appeal against conviction on count 6 allowed; conviction quashed; retrial ordered; appeal against sentence refused

Orders

  • Conviction on count 6 (manslaughter) quashed
  • Retrial of count 6 ordered