Selvage, R. v [2025] EWCA Crim 1536 (20 August 2025)

The conviction is unsafe because the jury was misdirected as to the burden and standard of proof regarding the defence of reasonable excuse; the law requires the prosecution to prove the absence of reasonable excuse beyond reasonable doubt once the issue is raised.

Citation: [2025] EWCA Crim 1536
Parties: Prosecution: Rex; Appellant/defendant: Robert Selvage
Jurisdiction: England and Wales
Judgment Date: 20 August 2025
Procedural Posture: Criminal Appeal / Appeal Against Conviction After Trial in Crown Court
Outcome: conviction quashed; retrial ordered
Legal Topics: Breach of Restraining Order, Burden of Proof, Reasonable Excuse Defence, Misdirection, Retrial

Criminal Law Breach of Restraining Order Burden of Proof Reasonable Excuse Defence Misdirection Retrial

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2 Amounts and remedies 4

Parties

Rex

Prosecution

Robert Selvage

Appellant/defendant

Procedural Posture

Criminal Appeal / Appeal Against Conviction After Trial in Crown Court

Legal Issues

1 Whether the trial judge misdirected the jury as to the burden and standard of proof for the defence of reasonable excuse under section 363 of the Sentencing Act 2020
2 Whether the conviction is unsafe due to the misdirection
3 Whether a retrial should be ordered

Ratio Decidendi

Court Disposition

conviction quashed; retrial ordered

Orders

Conviction on the single count quashed.
Order for retrial on the single count; fresh indictment to be served within 28 days; re-arraignment within 2 months.