L, R v

L, R v

The judge's directions and management of the trial were proper and did not render the convictions unsafe; the omitted witnesses were not key and their absence did not undermine the safety of the verdicts; the sentences imposed on certain counts exceeded statutory maxima and were quashed and substituted with lawful sentences; the extended licence period was also quashed as it was not lawfully imposed.

Parties
Respondent: Regina; Appellant: D J L
Jurisdiction
England and Wales
Judgment Date
29 March 2007
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
Appeal against conviction dismissed; appeal against sentence allowed in part
Legal Topics
Sexual Offences, Trial Management, Jury Directions, Appeal Against Conviction, Appeal Against Sentence
Criminal Law Sexual Offences Trial Management Jury Directions Appeal Against Conviction Appeal Against Sentence

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

D J L

Appellant

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge failed to direct the jury on the risk of collusion between witnesses
  2. 2 Whether the failure to call certain defence witnesses rendered the trial unfair
  3. 3 Whether the trial judge's interventions and comments undermined the defence case and the appellant's credibility

Ratio Decidendi

The judge's directions and management of the trial were proper and did not render the convictions unsafe; the omitted witnesses were not key and their absence did not undermine the safety of the verdicts; the sentences imposed on certain counts exceeded statutory maxima and were quashed and substituted with lawful sentences; the extended licence period was also quashed as it was not lawfully imposed.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed in part

Orders

  • Sentences of 4 years on counts 6 and 13 quashed and substituted with sentences of 21 months
  • Extended licence period quashed