Thomas, R v

Thomas, R v

The conviction was unsafe because the Recorder's frequent and inappropriate interventions during the appellant's examination-in-chief undermined the fairness of the trial and gave the impression of siding with the prosecution, violating the principles of a fair trial.

Parties
Respondent: Regina; Appellant: Damian Dean Thomas
Jurisdiction
England and Wales
Judgment Date
31 July 2019
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
conviction quashed, no retrial ordered
Legal Topics
Perverting the Course of Justice, Fair Trial, Judicial Interventions, Admissibility of Evidence
Criminal Law Procedure Perverting the Course of Justice Fair Trial Judicial Interventions Admissibility of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Damian Dean Thomas

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

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 examination-in-chief deprived the appellant of a fair trial

Ratio Decidendi

The conviction was unsafe because the Recorder's frequent and inappropriate interventions during the appellant's examination-in-chief undermined the fairness of the trial and gave the impression of siding with the prosecution, violating the principles of a fair trial.

Court Disposition

conviction quashed, no retrial ordered

Orders

  • conviction quashed
  • no retrial