Kinsey, R. v

Kinsey, R. v

The trial judge's failure to direct the jury on the possibility of collusion between complainants was a misdirection that rendered the convictions unsafe. The convictions were quashed and a retrial ordered.

Source-derived case information.

Parties
Appellant: John Michael Kinsey; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
04 July 2005
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Convictions quashed; retrial ordered; bail granted with conditions; defendant's costs order for transcript granted
Legal Topics
Indecent Assault, Similar Fact Evidence, Jury Directions, Collusion, Retrial
Criminal Law Indecent Assault Similar Fact Evidence Jury Directions Collusion Retrial

Source-derived case record

Summary, issues, holding and outcome

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Parties

John Michael Kinsey

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge misdirected the jury on the issue of collusion in similar fact evidence
  2. 2 Whether the summing-up failed to adequately present the defence case regarding the complainant G

Ratio Decidendi

The trial judge's failure to direct the jury on the possibility of collusion between complainants was a misdirection that rendered the convictions unsafe. The convictions were quashed and a retrial ordered.

Court Disposition

Convictions quashed; retrial ordered; bail granted with conditions; defendant's costs order for transcript granted

Orders

  • Convictions quashed
  • Retrial ordered in the Crown Court