Randall, R v
The judge misdirected the jury by restricting the relevance of Glean’s bad character to credibility, excluding its relevance to propensity and the likelihood of committing the offence, which was significant given the cutthroat defence. This misdirection warranted allowing the appeal and ordering a retrial.
- Parties
- Appellant: Edward Peter Randall; Co Accused: Nicholas Glean; Respondent: R
- Jurisdiction
- England and Wales
- Judgment Date
- 21 February 2003
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction
- Outcome
- appeal allowed, retrial ordered
- Legal Topics
- Bad Character Evidence, Manslaughter, Jury Directions, Propensity Evidence
Case Brief
Summary, issues, holding and outcome
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Parties
Edward Peter Randall
Appellant
Nicholas Glean
Co Accused
R
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 Whether the trial judge erred in directing the jury on the relevance of Glean’s bad character.
- 2 Whether the trial judge failed to properly direct the jury on the legal basis for a manslaughter verdict, particularly regarding intent.
Ratio Decidendi
The judge misdirected the jury by restricting the relevance of Glean’s bad character to credibility, excluding its relevance to propensity and the likelihood of committing the offence, which was significant given the cutthroat defence. This misdirection warranted allowing the appeal and ordering a retrial.
Court Disposition
appeal allowed, retrial ordered
Orders
- conviction quashed
- retrial ordered
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