McChleery v R.

McChleery v R.

The absence of a good character direction, combined with a direction to be cautious about the character evidence, rendered the conviction unsafe in a case where credibility was central and there was little independent evidence.

Parties
Appellant: Ivan McChleery; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
29 November 2019
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
conviction quashed, no retrial ordered
Legal Topics
Good Character Direction, Severance, Disclosure, Bad Character Evidence, Unsafe Conviction
Criminal Law Good Character Direction Severance Disclosure Bad Character Evidence Unsafe Conviction

Case Brief

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Parties

Ivan McChleery

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

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

Ratio Decidendi

The absence of a good character direction, combined with a direction to be cautious about the character evidence, rendered the conviction unsafe in a case where credibility was central and there was little independent evidence.

Court Disposition

conviction quashed, no retrial ordered

Orders

  • conviction quashed
  • no retrial ordered