Lake, R. v [2023] EWCA Crim 710 (20 June 2023)

Lake, R. v [2023] EWCA Crim 710 (20 June 2023)

The cumulative effect of multiple misdirections in the summing up, failure to properly direct the jury on key evidential issues, and inappropriate judicial questioning rendered the conviction unsafe.

Citation
[2023] EWCA Crim 710
Parties
Respondent: Rex; Appellant: Frederick Lake
Jurisdiction
England and Wales
Judgment Date
20 June 2023
Procedural Posture
Criminal Appeal / Appeal Against Conviction From Crown Court
Outcome
Appeal allowed; conviction quashed; retrial ordered.
Legal Topics
Rape, Appeal, Judicial Directions, Adverse Inference, Judicial Conduct, Evidence, Consent
Criminal Law Rape Appeal Judicial Directions Adverse Inference Judicial Conduct Evidence Consent

Case Brief

Summary, issues, holding and outcome

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Parties

Rex

Respondent

Frederick Lake

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction From Crown Court

Legal Issues

  1. 1 Whether the jury were properly directed on complaint evidence and its lack of independence
  2. 2 Whether the jury were properly directed on the evidential value of the complainant's distress
  3. 3 Whether the Recorder's direction on adverse inference was correct

Ratio Decidendi

The cumulative effect of multiple misdirections in the summing up, failure to properly direct the jury on key evidential issues, and inappropriate judicial questioning rendered the conviction unsafe.

Court Disposition

Appeal allowed; conviction quashed; retrial ordered.

Orders

  • Conviction quashed
  • Retrial ordered