Malcolm, R v

Malcolm, R v

The Watson direction was given prematurely without exceptional circumstances or a prolonged retirement, creating a significant risk of pressure to compromise, and the inconsistent verdicts in a case turning on credibility rendered the conviction unsafe.

Parties
Prosecution: Regina; Appellant: George Malcolm
Jurisdiction
England and Wales
Judgment Date
18 November 2014
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal allowed, conviction quashed, no retrial ordered
Legal Topics
Sexual Offences, Jury Directions, Watson Direction, Unsafe Conviction, Inconsistent Verdicts
Criminal Law Sexual Offences Jury Directions Watson Direction Unsafe Conviction Inconsistent Verdicts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Regina

Prosecution

George Malcolm

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in giving a Watson direction to the jury
  2. 2 Whether the conviction was unsafe due to inconsistent verdicts

Ratio Decidendi

The Watson direction was given prematurely without exceptional circumstances or a prolonged retirement, creating a significant risk of pressure to compromise, and the inconsistent verdicts in a case turning on credibility rendered the conviction unsafe.

Court Disposition

appeal allowed, conviction quashed, no retrial ordered

Orders

  • conviction quashed
  • appellant discharged from custody