Davies, R. v [2011] EWCA Crim 1177 (17 May 2011)

Davies, R. v [2011] EWCA Crim 1177 (17 May 2011)

The cumulative effect of the judge's summing up, including failure to address promised defence criticisms, unfair comments about witnesses, and an improper Lucas direction, rendered the trial unfair and the convictions unsafe.

Citation
[2011] EWCA Crim 1177
Parties
Respondent: Regina; Appellant: John Cedric Davies
Jurisdiction
England and Wales
Judgment Date
17 May 2011
Procedural Posture
Criminal Appeal / Appeal Against Conviction After Trial in Crown Court
Outcome
Appeal allowed; convictions quashed
Legal Topics
Indecent Assault, Sexual Offences, Appeal Procedure, Jury Directions, Special Measures for Witnesses
Criminal Law Indecent Assault Sexual Offences Appeal Procedure Jury Directions Special Measures for Witnesses

Case Brief

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Parties

Regina

Respondent

John Cedric Davies

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction After Trial in Crown Court

Legal Issues

  1. 1 Whether the trial judge erred in allowing the complainant's ABE interview as evidence-in-chief
  2. 2 Whether the judge's summing up was unfair and unbalanced
  3. 3 Whether the jury's verdicts were inconsistent and rendered the convictions unsafe

Ratio Decidendi

The cumulative effect of the judge's summing up, including failure to address promised defence criticisms, unfair comments about witnesses, and an improper Lucas direction, rendered the trial unfair and the convictions unsafe.

Court Disposition

Appeal allowed; convictions quashed

Orders

  • Convictions on counts 1 and 3 quashed