Leppard, R v

Leppard, R v

The judge was entitled to refuse to admit evidence of the applicant's earlier acquittal because the first jury's route to their verdict was speculative and did not give rise to any necessary inference as to the issues in the retrial. The general exclusionary rule applied, making evidence of the earlier acquittal irrelevant and inadmissible.

Parties
Prosecution: Regina; Applicant: James Christopher Leppard
Jurisdiction
England and Wales
Judgment Date
24 February 2017
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
application refused
Legal Topics
Admissibility of Prior Acquittal, Sexual Offences, Consent, Reasonable Belief in Consent
Criminal Law Admissibility of Prior Acquittal Sexual Offences Consent Reasonable Belief in Consent

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Parties

Regina

Prosecution

James Christopher Leppard

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether evidence of the applicant's earlier acquittal on count 1 was relevant and admissible in the retrial of count 2
  2. 2 Whether exclusion of the acquittal was unfair to the applicant

Ratio Decidendi

The judge was entitled to refuse to admit evidence of the applicant's earlier acquittal because the first jury's route to their verdict was speculative and did not give rise to any necessary inference as to the issues in the retrial. The general exclusionary rule applied, making evidence of the earlier acquittal irrelevant and inadmissible.

Court Disposition

application refused