Tatton, R. v

Tatton, R. v

The trial judge's improper use of the appellant's legal aid application to undermine her credibility rendered the trial unfair and unlawful, requiring the conviction to be quashed.

Parties
Respondent: Regina; Appellant: Deborah Tatton
Jurisdiction
England and Wales
Judgment Date
30 June 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed; conviction quashed; no re-trial ordered
Legal Topics
Theft, Fair Trial, Use of Legal Aid Application in Evidence, Judicial Conduct
Criminal Law Theft Fair Trial Use of Legal Aid Application in Evidence Judicial Conduct

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Deborah Tatton

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge's questioning of the appellant about her legal aid application prejudiced the fairness of the trial
  2. 2 Whether information from a legal aid application can lawfully be used to undermine a defendant's credibility

Ratio Decidendi

The trial judge's improper use of the appellant's legal aid application to undermine her credibility rendered the trial unfair and unlawful, requiring the conviction to be quashed.

Court Disposition

appeal allowed; conviction quashed; no re-trial ordered

Orders

  • conviction quashed
  • no re-trial ordered