Guyett & Anor v R [2009] EWCA Crim 1943 (08 October 2009)

Guyett & Anor v R [2009] EWCA Crim 1943 (08 October 2009)

The refusal to order further disclosure was not unfair or prejudicial as all relevant material had been disclosed or its absence admitted, and the judge's summing up, though initially defective, was remedied before the jury retired, ensuring a fair trial. The verdicts were not rendered unsafe.

Source-derived case information.

Citation
[2009] EWCA Crim 1943
Parties
Appellant: Douglas Guyett; Appellant: Margaret Susan Guyett; Respondent: R
Jurisdiction
England and Wales
Judgment Date
08 October 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
appeal dismissed
Legal Topics
Indecent Assault, Indecency With a Child, Disclosure of Evidence, Judicial Summing Up, Appeal Procedure
Criminal Law Indecent Assault Indecency With a Child Disclosure of Evidence Judicial Summing Up Appeal Procedure

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Parties

Douglas Guyett

Appellant

Margaret Susan Guyett

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the prosecution failed to disclose relevant diaries and medical records to the defence
  2. 2 Whether the judge's summing up was partial and defective, rendering the verdict unsafe

Ratio Decidendi

The refusal to order further disclosure was not unfair or prejudicial as all relevant material had been disclosed or its absence admitted, and the judge's summing up, though initially defective, was remedied before the jury retired, ensuring a fair trial. The verdicts were not rendered unsafe.

Court Disposition

appeal dismissed