Lashley, R v [2005] EWCA Crim 2016 (28 July 2005)

Lashley, R v [2005] EWCA Crim 2016 (28 July 2005)

The judge's repeated and inappropriate personal animosity towards defence counsel, including public criticism of her ability and integrity, interfered with due process and undermined the defendant's confidence in the administration of justice, rendering the convictions unsafe.

Source-derived case information.

Citation
[2005] EWCA Crim 2016
Parties
Prosecution: R; Appellant: Lashley
Jurisdiction
England and Wales
Judgment Date
28 July 2005
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
conviction quashed
Legal Topics
Fair Trial, Judicial Conduct, Identification Evidence, Admissibility of Evidence
Criminal Law Fair Trial Judicial Conduct Identification Evidence Admissibility of Evidence

Source-derived case record

Summary, issues, holding and outcome

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Parties

R

Prosecution

Lashley

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge's conduct deprived the defendant of a fair trial
  2. 2 Whether the identification evidence was properly admitted

Ratio Decidendi

The judge's repeated and inappropriate personal animosity towards defence counsel, including public criticism of her ability and integrity, interfered with due process and undermined the defendant's confidence in the administration of justice, rendering the convictions unsafe.

Court Disposition

conviction quashed

Orders

  • appeal allowed
  • no retrial ordered