Hackett, R. v

Hackett, R. v

The conviction was unsafe due to the wrongful admission of irrelevant and prejudicial bad character evidence, inadequate judicial management, and deficient jury directions, compounded by unfair cross-examination.

Parties
Prosecutor: Regina; Appellant: Dean Hackett
Jurisdiction
England and Wales
Judgment Date
05 June 2019
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal allowed, conviction quashed, no retrial ordered
Legal Topics
Bad Character Evidence, Sexual Offences, Judicial Directions, Cross Examination, Retrial Discretion
Criminal Law Bad Character Evidence Sexual Offences Judicial Directions Cross Examination Retrial Discretion

Case Brief

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Parties

Regina

Prosecutor

Dean Hackett

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the admission of bad character evidence was flawed and prejudicial
  2. 2 Whether cross-examination exceeded the scope of the bad character ruling
  3. 3 Whether judicial directions on bad character evidence were inadequate

Ratio Decidendi

The conviction was unsafe due to the wrongful admission of irrelevant and prejudicial bad character evidence, inadequate judicial management, and deficient jury directions, compounded by unfair cross-examination.

Court Disposition

appeal allowed, conviction quashed, no retrial ordered

Orders

  • Matter remitted to Basildon Crown Court for consideration of restraining order under section 5A of the Protection from Harassment Act 1997
  • Application for defence costs to be submitted in writing