R v L.M.S

R v L.M.S

The judge erred by providing guidance tantamount to directions on the reliability of memory, which favoured the prosecution and was not grounded in expertise or established principle, rendering the convictions unsafe.

Parties
Appellant: L. M. S; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
20 December 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal allowed, convictions quashed, retrial ordered
Legal Topics
Sexual Offences, Judicial Directions, Reliability of Memory, Appeal Against Conviction
Criminal Law Sexual Offences Judicial Directions Reliability of Memory Appeal Against Conviction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

L. M. S

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the judge's summing-up amounted to a material irregularity undermining the safety of the conviction
  2. 2 Whether judicial comments on memory reliability constituted improper guidance to the jury

Ratio Decidendi

The judge erred by providing guidance tantamount to directions on the reliability of memory, which favoured the prosecution and was not grounded in expertise or established principle, rendering the convictions unsafe.

Court Disposition

appeal allowed, convictions quashed, retrial ordered

Orders

  • Convictions on both counts quashed
  • Fresh indictment to be served and appellant re-arraigned within two months