Abbott, R. v [2023] EWCA Crim 227 (14 February 2023)

Abbott, R. v [2023] EWCA Crim 227 (14 February 2023)

The conviction is unsafe because the late disclosure of the body map and missing SARC records deprived the appellant of a fair opportunity to challenge key evidence, and the judge failed to give adequate directions to the jury about the prejudice caused by these disclosure failures.

Citation
[2023] EWCA Crim 227
Parties
Prosecution: Rex; Appellant: Josh Abbott
Jurisdiction
England and Wales
Judgment Date
14 February 2023
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
conviction quashed; retrial ordered
Legal Topics
Disclosure Obligations, Rape, Sexual Offences, Fair Trial, Jury Directions, Retrial
Criminal Law Disclosure Obligations Rape Sexual Offences Fair Trial Jury Directions Retrial

Case Brief

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Parties

Rex

Prosecution

Josh Abbott

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether late disclosure of the body map and missing SARC records prejudiced the fairness of the trial
  2. 2 Whether the judge's directions to the jury were adequate in light of disclosure failures
  3. 3 Whether the conviction is safe given the procedural irregularities

Ratio Decidendi

The conviction is unsafe because the late disclosure of the body map and missing SARC records deprived the appellant of a fair opportunity to challenge key evidence, and the judge failed to give adequate directions to the jury about the prejudice caused by these disclosure failures.

Court Disposition

conviction quashed; retrial ordered

Orders

  • Appeal allowed
  • Conviction quashed under section 2(2)