E, R v [2012] EWCA Crim 791 (25 April 2012)

E, R v [2012] EWCA Crim 791 (25 April 2012)

The appellant failed to demonstrate exceptional prejudice caused by delay or loss of evidence that could not be remedied by trial directions; speculation about missing documents or deceased witnesses was insufficient. The judge was correct to refuse a stay for abuse of process. Convictions on counts 5 and 6 were quashed as the statutory requirement was not met.

Citation
[2012] EWCA Crim 791
Parties
Respondent: Regina; Appellant: E
Jurisdiction
England and Wales
Judgment Date
25 April 2012
Procedural Posture
Criminal Appeal / Judgment After Hearing
Outcome
appeal dismissed in part, allowed in part
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 After Hearing

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 loss of evidence that could not be remedied by trial directions; speculation about missing documents or deceased witnesses was insufficient. The judge was correct to refuse a stay for abuse of process. Convictions on counts 5 and 6 were quashed as the statutory requirement was not met.

Court Disposition

appeal dismissed in part, allowed in part

Orders

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