Harty, R. v

Harty, R. v

The summing-up failed to adequately direct the jury on the risks and weaknesses of identification evidence and did not properly address the use of bad character evidence, rendering the conviction unsafe.

Parties
Appellant: Edward Daniel Harty; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
12 February 2016
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed; conviction quashed; retrial ordered
Legal Topics
Identification Evidence, Bad Character Evidence, Jury Directions, Propensity, Safety of Conviction
Criminal Law Identification Evidence Bad Character Evidence Jury Directions Propensity Safety of Conviction

Case Brief

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Parties

Edward Daniel Harty

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge failed to properly direct the jury on identification evidence
  2. 2 Whether the trial judge failed to properly direct the jury on bad character evidence

Ratio Decidendi

The summing-up failed to adequately direct the jury on the risks and weaknesses of identification evidence and did not properly address the use of bad character evidence, rendering the conviction unsafe.

Court Disposition

appeal allowed; conviction quashed; retrial ordered

Orders

  • Conviction for attempted robbery quashed
  • Fresh indictment to be served