C, R v

C, R v

The trial judge's failure to identify the specific facts omitted by the appellant in interview and his inadequate, unbalanced summing-up rendered the conviction unsafe; the section 34 direction was fatally flawed and the judge's personal comments were inappropriate.

Parties
Respondent: Regina; Appellant: Jimmy C
Jurisdiction
England and Wales
Judgment Date
08 November 2004
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Conviction quashed; appeal allowed
Legal Topics
Indecent Assault, Adverse Inference, Summing Up, Section 34 Criminal Justice and Public Order Act 1994
Criminal Law Indecent Assault Adverse Inference Summing Up Section 34 Criminal Justice and Public Order Act 1994

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Jimmy C

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge's direction on adverse inference under section 34 was proper
  2. 2 Whether the summing-up by the trial judge was fair to the appellant
  3. 3 Whether the conviction was safe given the judge's handling of evidence and directions

Ratio Decidendi

The trial judge's failure to identify the specific facts omitted by the appellant in interview and his inadequate, unbalanced summing-up rendered the conviction unsafe; the section 34 direction was fatally flawed and the judge's personal comments were inappropriate.

Court Disposition

Conviction quashed; appeal allowed

Orders

  • Conviction quashed
  • No retrial ordered