McNaughton, R. v [2024] EWCA Crim 1129 (10 July 2024)

The trial judge's summing up improperly invited the jury to speculate on medical causation without expert evidence and demonstrated partiality, rendering the convictions unsafe.

Citation: [2024] EWCA Crim 1129
Parties: Respondent: Rex; Appellant: Gavin Lee McNaughton
Jurisdiction: England and Wales
Judgment Date: 10 July 2024
Procedural Posture: Criminal Appeal / Appeal Against Conviction and Application for Retrial
Outcome: Appeal allowed; convictions quashed; retrial ordered.
Legal Topics: Judicial Impartiality, Summing Up, Sexual Offences, Retrial, Unsafe Conviction

Criminal Law Judicial Impartiality Summing Up Sexual Offences Retrial Unsafe Conviction

Case Brief

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Parties

Rex

Respondent

Gavin Lee McNaughton

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Application for Retrial

Legal Issues

1 Whether the trial judge's summing up demonstrated impermissible partiality and speculation, rendering the conviction unsafe
2 Whether the evidence regarding the complainant's medical condition was admissible without expert evidence
3 Whether a retrial should be ordered after quashing the convictions

Ratio Decidendi

The trial judge's summing up improperly invited the jury to speculate on medical causation without expert evidence and demonstrated partiality, rendering the convictions unsafe.

Court Disposition

Appeal allowed; convictions quashed; retrial ordered.

Orders

Convictions on counts 2, 3, and 4 quashed as unsafe.
Retrial ordered on those counts.