Smith, R. v [2017] EWCA Crim 895 (15 June 2017)

Smith, R. v [2017] EWCA Crim 895 (15 June 2017)

The judge's rejection of the submission of no case to answer on count 4 was correct as there was sufficient evidence for a properly directed jury to convict. The judge's conduct towards defence counsel, while regrettable in tone, did not render the trial unfair or prejudice the jury against the appellant. The summing-up, though containing minor blemishes, was not unfair or unbalanced so as to compromise the safety of the convictions.

Citation
[2017] EWCA Crim 895
Parties
Respondent: Regina; Appellant: Delando Smith
Jurisdiction
England and Wales
Judgment Date
15 June 2017
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Conviction Appeal
Outcome
Appeal dismissed
Legal Topics
Rape, Assault by Penetration, Causing a Person to Engage in Sexual Activity, Fair Trial, Judicial Conduct, Jury Directions
Criminal Law Rape Assault by Penetration Causing a Person to Engage in Sexual Activity Fair Trial Judicial Conduct Jury Directions

Case Brief

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Parties

Regina

Respondent

Delando Smith

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Conviction Appeal

Legal Issues

  1. 1 Whether the trial judge erred in rejecting a submission of no case to answer on count 4 (assault by penetration)
  2. 2 Whether the judge's conduct towards defence counsel undermined the fairness of the trial
  3. 3 Whether the summing-up was unfair or unbalanced

Ratio Decidendi

The judge's rejection of the submission of no case to answer on count 4 was correct as there was sufficient evidence for a properly directed jury to convict. The judge's conduct towards defence counsel, while regrettable in tone, did not render the trial unfair or prejudice the jury against the appellant. The summing-up, though containing minor blemishes, was not unfair or unbalanced so as to compromise the safety of the convictions.

Court Disposition

Appeal dismissed