Daly, R v

Daly, R v

The trial judge erred in refusing to admit evidence of the co-accused's bad character, which was substantially probative of an important matter in issue between the parties. The exclusion of this evidence rendered the conviction unsafe, and the conviction must be quashed.

Parties
Prosecutor: Regina; Appellant: John Joseph Daly
Jurisdiction
England and Wales
Judgment Date
26 September 2014
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed; conviction quashed; no retrial ordered.
Legal Topics
Bad Character Evidence, Appeal Against Conviction, Theft, Joint Enterprise
Criminal Law Bad Character Evidence Appeal Against Conviction Theft Joint Enterprise

Case Brief

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Parties

Regina

Prosecutor

John Joseph Daly

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in refusing to admit evidence of the co-accused's bad character under section 101(1)(e) of the Criminal Justice Act 2003
  2. 2 Whether the conviction is safe given the exclusion of the bad character evidence

Ratio Decidendi

The trial judge erred in refusing to admit evidence of the co-accused's bad character, which was substantially probative of an important matter in issue between the parties. The exclusion of this evidence rendered the conviction unsafe, and the conviction must be quashed.

Court Disposition

Appeal allowed; conviction quashed; no retrial ordered.

Orders

  • Conviction quashed
  • No retrial to be sought