John E, R. v [2022] EWCA Crim 80 (26 January 2022)

John E, R. v [2022] EWCA Crim 80 (26 January 2022)

The admission of the 1997 cannabis conviction evidence did not render the conviction unsafe as it was relevant to credibility, properly directed, and not unfairly prejudicial. The exclusion of the memory card evidence relating to Z was justified by the chronology and lack of probative value. The sentence imposed was not manifestly excessive given the gravity and aggravating features of the offences.

Citation
[2022] EWCA Crim 80
Parties
Prosecution: Regina; Appellant: John E
Jurisdiction
England and Wales
Judgment Date
26 January 2022
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Conviction and Appeal Against Sentence
Outcome
Renewed application for leave to appeal conviction refused; appeal against sentence dismissed; correction to attach extended licence period to count 13.
Legal Topics
Sexual Offences, Bad Character Evidence, Hearsay, Sentencing, Appeals
Criminal Law Sexual Offences Bad Character Evidence Hearsay Sentencing Appeals

Case Brief

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Parties

Regina

Prosecution

John E

Appellant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Conviction and Appeal Against Sentence

Legal Issues

  1. 1 Whether the admission of bad character evidence relating to a 1997 cannabis conviction rendered the conviction unsafe
  2. 2 Whether exclusion of evidence relating to a memory card attributed to Z was erroneous
  3. 3 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The admission of the 1997 cannabis conviction evidence did not render the conviction unsafe as it was relevant to credibility, properly directed, and not unfairly prejudicial. The exclusion of the memory card evidence relating to Z was justified by the chronology and lack of probative value. The sentence imposed was not manifestly excessive given the gravity and aggravating features of the offences.

Court Disposition

Renewed application for leave to appeal conviction refused; appeal against sentence dismissed; correction to attach extended licence period to count 13.

Orders

  • Renewed application for leave to appeal conviction refused
  • Appeal against sentence dismissed