R v Ian Michael Kerry
The applicant's grounds of appeal had no prospect of success as there was no evidence of police accessing privileged material, the bad character evidence was properly admitted, the applicant was competently represented, and the jury was entitled to see the full SHPO. No unfairness or prejudice was demonstrated.
- Parties
- Prosecution: Rex; Applicant: Ian Michael Kerry
- Jurisdiction
- England and Wales
- Judgment Date
- 11 September 2024
- Procedural Posture
- Criminal Appeal / Renewed Application for Permission to Appeal Against Conviction
- Outcome
- application refused
- Legal Topics
- Sexual Harm Prevention Order, Breach of Court Order, Bad Character Evidence, Legal Privilege, Quality of Legal Representation, Jury Directions
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Ian Michael Kerry
Applicant
Procedural Posture
Criminal Appeal / Renewed Application for Permission to Appeal Against Conviction
Legal Issues
- 1 Whether the police accessed legally privileged material on the applicant's mobile phone
- 2 Whether bad character evidence was wrongly admitted at trial
- 3 Whether the applicant received poor quality legal representation
Ratio Decidendi
The applicant's grounds of appeal had no prospect of success as there was no evidence of police accessing privileged material, the bad character evidence was properly admitted, the applicant was competently represented, and the jury was entitled to see the full SHPO. No unfairness or prejudice was demonstrated.
Court Disposition
application refused
Orders
- Applicant to pay the reasonable costs of the transcripts in the sum of £282.58
Full Case Text
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