Haye, R v [2002] EWCA Crim 2476 (06 November 2002)

Haye, R v [2002] EWCA Crim 2476 (06 November 2002)

Failure to comply with the statutory procedure for determining mode of trial under Schedule 3 to the Crime and Disorder Act 1998 rendered the conviction for theft a nullity. In the drugs case, the judge failed to give the necessary direction to the jury regarding the evidential value of items found in the appellant's home, warranting the quashing of the conviction.

Citation
[2002] EWCA Crim 2476
Parties
Respondent: R; Appellant: Conrad Haye
Jurisdiction
England and Wales
Judgment Date
06 November 2002
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals allowed; convictions quashed; no retrial ordered.
Legal Topics
Mode of Trial Procedure, Right to Elect Jury Trial, Possession With Intent to Supply, Judicial Directions to Jury
Criminal Law Criminal Procedure Mode of Trial Procedure Right to Elect Jury Trial Possession With Intent to Supply Judicial Directions to Jury

Case Brief

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Parties

R

Respondent

Conrad Haye

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether failure to follow statutory mode-of-trial procedure renders conviction a nullity
  2. 2 Whether judicial directions to jury on evidential value of items found were adequate

Ratio Decidendi

Failure to comply with the statutory procedure for determining mode of trial under Schedule 3 to the Crime and Disorder Act 1998 rendered the conviction for theft a nullity. In the drugs case, the judge failed to give the necessary direction to the jury regarding the evidential value of items found in the appellant's home, warranting the quashing of the conviction.

Court Disposition

Appeals allowed; convictions quashed; no retrial ordered.

Orders

  • Conviction and sentence for theft quashed.
  • Conviction for possession with intent to supply quashed.