Cameron Beresford v Regina

Cameron Beresford v Regina

The combined effect of the judge's impermissible interventions, including cross-examination of the appellant, unbalanced directions, and failure to tailor directions to the defence case, rendered the trial unfair and the conviction unsafe. The conviction was quashed and a retrial ordered in the interests of justice.

Parties
Appellant: Cameron Beresford; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
11 December 2020
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
conviction quashed; retrial ordered
Legal Topics
Rape, Judicial Conduct, Fair Trial, Jury Irregularity, Bad Character Evidence, Appeal Procedure
Criminal Law Rape Judicial Conduct Fair Trial Jury Irregularity Bad Character Evidence Appeal Procedure

Case Brief

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Parties

Cameron Beresford

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial was rendered unfair by impermissible judicial interventions
  2. 2 Whether the directions given by the judge on character, drunkenness, and motive to lie were misdirections
  3. 3 Whether there was jury irregularity affecting the safety of the conviction

Ratio Decidendi

The combined effect of the judge's impermissible interventions, including cross-examination of the appellant, unbalanced directions, and failure to tailor directions to the defence case, rendered the trial unfair and the conviction unsafe. The conviction was quashed and a retrial ordered in the interests of justice.

Court Disposition

conviction quashed; retrial ordered

Orders

  • Appeal against conviction allowed
  • Conviction quashed