Garnham, R. v

Garnham, R. v

The trial judge erred by failing to give a modified good character direction to the appellant and instead gave a modified bad character direction, depriving the appellant of an advantageous direction. This misdirection rendered the conviction unsafe.

Parties
Appellant: Jamie Richard Garnham; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
01 February 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
conviction quashed, retrial ordered
Legal Topics
Rape, Bad Character Evidence, Cross Examination, Credibility of Witnesses, Good Character Direction
Criminal Law Rape Bad Character Evidence Cross Examination Credibility of Witnesses Good Character Direction

Case Brief

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Parties

Jamie Richard Garnham

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in refusing cross-examination of the complainant on previous convictions for dishonesty
  2. 2 Whether the trial judge erred in giving a modified bad character direction regarding the appellant's previous conviction
  3. 3 Whether the conviction was safe given the misdirection on character evidence

Ratio Decidendi

The trial judge erred by failing to give a modified good character direction to the appellant and instead gave a modified bad character direction, depriving the appellant of an advantageous direction. This misdirection rendered the conviction unsafe.

Court Disposition

conviction quashed, retrial ordered

Orders

  • Appeal allowed
  • Conviction quashed