CM, R v

CM, R v

The trial judge's failure to give the full good character direction and to address material discrepancies in the complainant's evidence rendered the convictions unsafe; thus, the appeal was allowed and convictions quashed.

Source-derived case information.

Parties
Appellant: CM; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
20 January 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal allowed, convictions quashed, no retrial ordered
Legal Topics
Sexual Offences, Good Character Direction, Jury Misdirection, Appeal Against Conviction, Retrial Discretion
Criminal Law Sexual Offences Good Character Direction Jury Misdirection Appeal Against Conviction Retrial Discretion

Source-derived case record

Summary, issues, holding and outcome

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Parties

CM

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge misdirected the jury regarding the appellant's good character
  2. 2 Whether the judge failed to properly direct the jury on discrepancies in the complainant's evidence
  3. 3 Whether the convictions were unsafe due to inadequate directions

Ratio Decidendi

The trial judge's failure to give the full good character direction and to address material discrepancies in the complainant's evidence rendered the convictions unsafe; thus, the appeal was allowed and convictions quashed.

Court Disposition

appeal allowed, convictions quashed, no retrial ordered

Orders

  • No order for retrial
  • Costs to be paid out of Central Funds to be taxed