Sutton, R. v [2008] EWCA Crim 3129 (04 December 2008)

Sutton, R. v [2008] EWCA Crim 3129 (04 December 2008)

Requiring the defence expert to give evidence first deprived the appellant of a fair trial, as the jury could not properly assess the psychiatric evidence without first hearing the appellant's account. This procedural irregularity rendered the conviction unsafe.

Citation
[2008] EWCA Crim 3129
Parties
Respondent: Regina; Appellant: David John Sutton
Jurisdiction
England and Wales
Judgment Date
04 December 2008
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal allowed, conviction quashed, no retrial ordered
Legal Topics
Theft, Fair Trial, Admissibility of Expert Evidence, Public Interest in Prosecution, Retrial
Criminal Law Theft Fair Trial Admissibility of Expert Evidence Public Interest in Prosecution Retrial

Case Brief

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Parties

Regina

Respondent

David John Sutton

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether requiring the defence expert to give evidence first deprived the appellant of a fair trial
  2. 2 Whether the judge's summing-up mischaracterised the challenge to prosecution 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, as the jury could not properly assess the psychiatric evidence without first hearing the appellant's account. This procedural irregularity rendered the conviction unsafe.

Court Disposition

appeal allowed, conviction quashed, no retrial ordered

Orders

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