Kepple, R. v

Kepple, R. v

The judge's ruling improperly curtailed the appellant's right to cross-examine witnesses based on instructions, denying a fair trial as guaranteed by common law and Article 6; conviction is unsafe.

Parties
Respondent: Regina; Appellant: John Kepple
Jurisdiction
England and Wales
Judgment Date
13 June 2007
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed; conviction quashed; retrial ordered.
Legal Topics
Trial in Absence, Arraignment, Cross Examination, Fair Trial, Offences Against the Person Act
Criminal Law Trial in Absence Arraignment Cross Examination Fair Trial Offences Against the Person Act

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

John Kepple

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellant could be tried in his absence without arraignment on the new count
  2. 2 Whether the judge erred in restricting cross-examination of prosecution witnesses

Ratio Decidendi

The judge's ruling improperly curtailed the appellant's right to cross-examine witnesses based on instructions, denying a fair trial as guaranteed by common law and Article 6; conviction is unsafe.

Court Disposition

Appeal allowed; conviction quashed; retrial ordered.

Orders

  • Retrial ordered