Mooney, R. v [2023] EWCA Crim 1232 (04 October 2023)

Mooney, R. v [2023] EWCA Crim 1232 (04 October 2023)

The trial judge was entitled to allow amendment of the indictment to reflect the evidence, as no injustice or prejudice to the appellant resulted; the complainant's evidence was sufficient for conviction; the judge's intervention in closing speech was justified; the sentence imposed was within the appropriate range and not manifestly excessive.

Citation
[2023] EWCA Crim 1232
Parties
Prosecution: Regina; Appellant: Frank Mooney
Jurisdiction
England and Wales
Judgment Date
04 October 2023
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction and sentence dismissed; renewed applications for leave refused.
Legal Topics
Sexual Offences, Indictment Amendment, Appeal Procedure, Sentencing, Child Protection
Criminal Law Sexual Offences Indictment Amendment Appeal Procedure Sentencing Child Protection

Case Brief

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Parties

Regina

Prosecution

Frank Mooney

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in allowing amendment of the indictment during trial
  2. 2 Whether the convictions were unsafe due to alleged vagueness and unconvincing nature of the complainant's evidence
  3. 3 Whether the judge's intervention in defence counsel's closing speech was improper

Ratio Decidendi

The trial judge was entitled to allow amendment of the indictment to reflect the evidence, as no injustice or prejudice to the appellant resulted; the complainant's evidence was sufficient for conviction; the judge's intervention in closing speech was justified; the sentence imposed was within the appropriate range and not manifestly excessive.

Court Disposition

Appeal against conviction and sentence dismissed; renewed applications for leave refused.