R v Kevin Horswill

R v Kevin Horswill

The trial judge was entitled to exclude the disputed bad character evidence as it lacked substantial probative value and was largely hearsay, old, or irrelevant, and the permitted evidence sufficiently addressed the relevant issues of propensity and state of mind. The exclusion did not render the conviction unsafe.

Source-derived case information.

Parties
Respondent: Rex; Appellant: Kevin Horswill
Jurisdiction
England and Wales
Judgment Date
26 February 2026
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Bad Character Evidence, Admissibility, Self Defence, Murder, State of Mind, Propensity
Criminal Law Bad Character Evidence Admissibility Self Defence Murder State of Mind Propensity

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rex

Respondent

Kevin Horswill

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in excluding disputed bad character evidence about the deceased
  2. 2 Whether the exclusion of such evidence affected the fairness or safety of the conviction
  3. 3 Whether the judge erred in restricting the appellant's evidence-in-chief regarding his state of mind

Ratio Decidendi

The trial judge was entitled to exclude the disputed bad character evidence as it lacked substantial probative value and was largely hearsay, old, or irrelevant, and the permitted evidence sufficiently addressed the relevant issues of propensity and state of mind. The exclusion did not render the conviction unsafe.

Court Disposition

appeal dismissed

Orders

  • leave to appeal refused on additional ground
  • conviction upheld