Lashley, R v

Lashley, R v

The judge's repeated and unnecessary demonstrations of inappropriate personal animosity towards defence counsel, including public criticism of her ability and integrity, interfered with due process and damaged the defendant's confidence in the administration of justice. The cumulative effect rendered the trial unfair and the conviction unsafe.

Parties
Prosecutor: R; Appellant: Lashley
Jurisdiction
England and Wales
Judgment Date
28 July 2005
Procedural Posture
Criminal Appeal / Appeal Against Conviction After Trial
Outcome
Conviction quashed; no retrial ordered
Legal Topics
Fair Trial, Judicial Conduct, Identification Evidence, Admissibility of Evidence
Criminal Law Fair Trial Judicial Conduct Identification Evidence Admissibility of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

R

Prosecutor

Lashley

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction After Trial

Legal Issues

  1. 1 Whether the conduct of the trial judge deprived the appellant of a fair trial
  2. 2 Whether the judge's interventions and comments undermined due process
  3. 3 Whether the identification evidence was properly admitted

Ratio Decidendi

The judge's repeated and unnecessary demonstrations of inappropriate personal animosity towards defence counsel, including public criticism of her ability and integrity, interfered with due process and damaged the defendant's confidence in the administration of justice. The cumulative effect rendered the trial unfair and the conviction unsafe.

Court Disposition

Conviction quashed; no retrial ordered

Orders

  • Conviction quashed
  • No order for retrial