Miller v R

Miller v R

Although the trial judge should not have permitted cross-examination of Manny Clark as to his bad character without intention or ability to prove the allegations, the judge's emphatic and repeated directions to the jury to disregard the allegations were sufficient to remove any unfair prejudice. The conviction was safe and the appeal was dismissed.

Parties
Appellant: Jonathan William Miller; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
26 May 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Bad Character Evidence, Cross Examination, Credibility of Witnesses, Criminal Justice Act 2003 Section 100, Jury Directions
Criminal Law Bad Character Evidence Cross Examination Credibility of Witnesses Criminal Justice Act 2003 Section 100 Jury Directions

Case Brief

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Parties

Jonathan William Miller

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in permitting cross-examination of a defence witness (Manny Clark) as to his bad character under section 100(1)(b) Criminal Justice Act 2003
  2. 2 Whether the judge failed to give adequate directions to the jury regarding the outcome of such cross-examination
  3. 3 Whether the conviction was rendered unsafe by the admission of this evidence

Ratio Decidendi

Although the trial judge should not have permitted cross-examination of Manny Clark as to his bad character without intention or ability to prove the allegations, the judge's emphatic and repeated directions to the jury to disregard the allegations were sufficient to remove any unfair prejudice. The conviction was safe and the appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • Conviction upheld
  • No order as to retrial or sentence