E, R v

E, R v

The appellant failed to demonstrate exceptional prejudice caused by delay or missing evidence that could not be cured by jury directions; speculation about lost documents or deceased witnesses was insufficient to justify a stay. Convictions on counts 5 and 6 were unlawful as the statutory requirement was that the child be under 14, not under 16.

Parties
Respondent: Regina; Appellant: E
Jurisdiction
England and Wales
Judgment Date
25 April 2012
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeal dismissed in respect of substantive ground; appeal allowed in respect of counts 5 and 6.
Legal Topics
Abuse of Process, Historic Sexual Offences, Fair Trial, Delay in Prosecution
Criminal Law Abuse of Process Historic Sexual Offences Fair Trial Delay in Prosecution

Case Brief

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Parties

Regina

Respondent

E

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the indictment should be stayed for abuse of process due to delay and loss of evidence
  2. 2 Whether convictions on counts 5 and 6 were unlawful due to statutory requirements

Ratio Decidendi

The appellant failed to demonstrate exceptional prejudice caused by delay or missing evidence that could not be cured by jury directions; speculation about lost documents or deceased witnesses was insufficient to justify a stay. Convictions on counts 5 and 6 were unlawful as the statutory requirement was that the child be under 14, not under 16.

Court Disposition

Appeal dismissed in respect of substantive ground; appeal allowed in respect of counts 5 and 6.

Orders

  • Convictions and sentences on counts 5 and 6 quashed
  • Other convictions and overall sentence of 7 years imprisonment upheld