R v Keith McCarthy

R v Keith McCarthy

Leave to appeal is granted on the grounds relating to the admissibility and use of bad character evidence and the adequacy of jury directions, as well as on the ground relating to the submission of no case to answer. The issue of whether manslaughter should have been left to the jury is to be further investigated and may be added as a ground of appeal.

Parties
Applicant: Keith McCarthy; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence
Outcome
Leave to appeal against conviction granted on specified grounds; application for leave to appeal against sentence adjourned; directions given for further grounds and preparation.
Legal Topics
Admissibility of Bad Character Evidence, Murder, Causing Grievous Bodily Harm With Intent, Dangerous Driving, Manslaughter, Appeal Procedure
Criminal Law Admissibility of Bad Character Evidence Murder Causing Grievous Bodily Harm With Intent Dangerous Driving Manslaughter Appeal Procedure

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Parties

Keith McCarthy

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in admitting previous convictions as bad character evidence
  2. 2 Whether the direction to the jury regarding previous convictions was adequate
  3. 3 Whether there was a case to answer on murder

Ratio Decidendi

Leave to appeal is granted on the grounds relating to the admissibility and use of bad character evidence and the adequacy of jury directions, as well as on the ground relating to the submission of no case to answer. The issue of whether manslaughter should have been left to the jury is to be further investigated and may be added as a ground of appeal.

Court Disposition

Leave to appeal against conviction granted on specified grounds; application for leave to appeal against sentence adjourned; directions given for further grounds and preparation.

Orders

  • Leave to appeal against conviction granted on grounds relating to bad character evidence and no case to answer.
  • Application for leave to appeal against sentence adjourned to the full court.