Bailey, R. v

Bailey, R. v

The trial judge's rulings on the admissibility of bad character evidence, the refusal of an unqualified good character direction, and the directions on cross-admissibility were correct or, even if flawed, did not render the convictions unsafe. The sentence imposed was not manifestly excessive or wrong in principle given the gravity of the offences and the appellant's personal circumstances.

Parties
Respondent: R.; Appellant: Edward O’Connor Bailey
Jurisdiction
England and Wales
Judgment Date
10 February 2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; renewed application for leave to appeal against sentence refused.
Legal Topics
Child Cruelty, Indecent Assault, Bad Character Evidence, Good Character Direction, Cross Admissibility, Sentencing
Criminal Law Child Cruelty Indecent Assault Bad Character Evidence Good Character Direction Cross Admissibility Sentencing

Case Brief

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Parties

R.

Respondent

Edward O’Connor Bailey

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in admitting evidence of bad character (domestic violence)
  2. 2 Whether the trial judge erred in refusing a good character direction due to a historic bind over
  3. 3 Whether the judge's directions on cross-admissibility and collusion were adequate

Ratio Decidendi

The trial judge's rulings on the admissibility of bad character evidence, the refusal of an unqualified good character direction, and the directions on cross-admissibility were correct or, even if flawed, did not render the convictions unsafe. The sentence imposed was not manifestly excessive or wrong in principle given the gravity of the offences and the appellant's personal circumstances.

Court Disposition

Appeal against conviction dismissed; renewed application for leave to appeal against sentence refused.