Daviesi, R. v

Daviesi, R. v

The judge's summing-up, though lengthy, was fair and set out the competing cases fully; there was no bias. The exclusion of certain evidence was proper, as its probative value was minimal and its absence could not affect the safety of the conviction.

Parties
Applicant: Gerald Thomas Davies; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
06 November 2018
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction After Refusal by Single Judge
Outcome
Application dismissed
Legal Topics
Sexual Offences, Indecent Assault, Assault of a Child, Appeal Procedure, Summing Up, Admissibility of Evidence
Criminal Law Sexual Offences Indecent Assault Assault of a Child Appeal Procedure Summing Up Admissibility of Evidence

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Parties

Gerald Thomas Davies

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction After Refusal by Single Judge

Legal Issues

  1. 1 Whether the trial judge's summing-up was biased and unfair
  2. 2 Whether the trial judge wrongly excluded material evidence

Ratio Decidendi

The judge's summing-up, though lengthy, was fair and set out the competing cases fully; there was no bias. The exclusion of certain evidence was proper, as its probative value was minimal and its absence could not affect the safety of the conviction.

Court Disposition

Application dismissed

Orders

  • Renewed application for leave to appeal against conviction is dismissed.