McChleery v R. [2019] EWCA Crim 2100 (29 November 2019)

McChleery v R. [2019] EWCA Crim 2100 (29 November 2019)

The failure to give a good character direction in a case where credibility was central rendered the conviction unsafe, particularly when coupled with a direction to treat character evidence with caution.

Source-derived case information.

Citation
[2019] EWCA Crim 2100
Parties
Appellant: Ivan McChleery; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
29 November 2019
Procedural Posture
Criminal Appeal / Appeal Against Conviction From Crown Court
Outcome
Appeal allowed, conviction quashed, no retrial ordered.
Legal Topics
Indecent Assault, Good Character Direction, Severance, Disclosure, Bad Character Evidence
Criminal Law Indecent Assault Good Character Direction Severance Disclosure Bad Character Evidence

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Parties

Ivan McChleery

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction From Crown Court

Legal Issues

  1. 1 Whether the failure to give a good character direction rendered the conviction unsafe
  2. 2 Whether the judge erred in refusing severance
  3. 3 Whether the judge erred in refusing disclosure

Ratio Decidendi

The failure to give a good character direction in a case where credibility was central rendered the conviction unsafe, particularly when coupled with a direction to treat character evidence with caution.

Court Disposition

Appeal allowed, conviction quashed, no retrial ordered.

Orders

  • Conviction quashed
  • No retrial to take place