Smith, R. v

Smith, R. v

The evidence was sufficient for a properly directed jury to convict on count 4; the judge's conduct, though regrettable in tone, did not undermine the fairness of the trial or prejudice the jury; errors in summing-up and evidence handling were corrected and did not compromise the safety of the conviction.

Parties
Appellant: Delando Smith; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
15 June 2017
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Rape, Sexual Assault, Fair Trial, Judicial Conduct, Evidence Admissibility
Criminal Law Rape Sexual Assault Fair Trial Judicial Conduct Evidence Admissibility

Case Brief

Summary, issues, holding and outcome

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Parties

Delando Smith

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

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

Ratio Decidendi

The evidence was sufficient for a properly directed jury to convict on count 4; the judge's conduct, though regrettable in tone, did not undermine the fairness of the trial or prejudice the jury; errors in summing-up and evidence handling were corrected and did not compromise the safety of the conviction.

Court Disposition

appeal dismissed