Charisma, R. v

Charisma, R. v

There was no sufficient evidence that the appellant's mental condition made it undesirable for him to give evidence. The judge was correct to give the section 35 direction, and the appeal must be dismissed.

Parties
Prosecution: Regina; Appellant: Louie Presence Charisma
Jurisdiction
England and Wales
Judgment Date
13 October 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Rape, Sexual Offences, Mental Health and Criminal Responsibility, Jury Directions, Failure to Give Evidence
Criminal Law Rape Sexual Offences Mental Health and Criminal Responsibility Jury Directions Failure to Give Evidence

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Prosecution

Louie Presence Charisma

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in giving a section 35 direction regarding the appellant's failure to give evidence, in light of his mental condition.

Ratio Decidendi

There was no sufficient evidence that the appellant's mental condition made it undesirable for him to give evidence. The judge was correct to give the section 35 direction, and the appeal must be dismissed.

Court Disposition

appeal dismissed