Thomas, R v [2019] EWCA Crim 1958 (31 July 2019)

Thomas, R v [2019] EWCA Crim 1958 (31 July 2019)

The Recorder's admission of evidence regarding the appellant's penalty points was legally erroneous as no misleading impression was created in examination-in-chief. The Recorder's frequent and inappropriate interventions during the appellant's evidence-in-chief and subsequent questioning undermined the fairness of the trial, giving the impression of bias and depriving the appellant of a fair trial. The conviction was therefore unsafe and must be quashed.

Citation
[2019] EWCA Crim 1958
Parties
Respondent: Regina; Appellant: Damian Dean Thomas
Jurisdiction
England and Wales
Judgment Date
31 July 2019
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Conviction and Sentence
Outcome
Conviction quashed; no retrial ordered
Legal Topics
Perverting the Course of Justice, Judicial Conduct, Fair Trial, Admissibility of Evidence
Criminal Law Criminal Procedure Perverting the Course of Justice Judicial Conduct Fair Trial Admissibility of Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Respondent

Damian Dean Thomas

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Conviction and Sentence

Legal Issues

  1. 1 Whether the Recorder erred in admitting evidence of the appellant's previous penalty points
  2. 2 Whether the Recorder's interventions during trial rendered the trial unfair

Ratio Decidendi

The Recorder's admission of evidence regarding the appellant's penalty points was legally erroneous as no misleading impression was created in examination-in-chief. The Recorder's frequent and inappropriate interventions during the appellant's evidence-in-chief and subsequent questioning undermined the fairness of the trial, giving the impression of bias and depriving the appellant of a fair trial. The conviction was therefore unsafe and must be quashed.

Court Disposition

Conviction quashed; no retrial ordered

Orders

  • Conviction quashed and expunged from the appellant's record
  • No retrial to be held