Sutton, R. v

Sutton, R. v

Requiring the defence expert to give evidence first deprived the appellant of a fair trial, making the conviction unsafe. It is not in the public interest to order a retrial.

Parties
Appellant: David John Sutton; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
04 December 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Application for Retrial
Outcome
Appeal allowed; conviction quashed; no retrial ordered
Legal Topics
Theft, Shoplifting, Fair Trial, Expert Evidence, Retrial, Public Interest
Criminal Law Theft Shoplifting Fair Trial Expert Evidence Retrial Public Interest

Case Brief

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Parties

David John Sutton

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Application for Retrial

Legal Issues

  1. 1 Whether requiring the defence expert to give evidence first deprived the appellant of a fair trial
  2. 2 Whether the conviction was safe given the trial judge's handling of evidence
  3. 3 Whether a retrial should be ordered in the public interest

Ratio Decidendi

Requiring the defence expert to give evidence first deprived the appellant of a fair trial, making the conviction unsafe. It is not in the public interest to order a retrial.

Court Disposition

Appeal allowed; conviction quashed; no retrial ordered

Orders

  • Costs out of central funds
  • Costs to be assessed in the normal way