REGINA v LUKE WHITBREAD

REGINA v LUKE WHITBREAD

The photographs were irrelevant to the applicant's belief as to the complainant's age since he had not seen them at the time and his defence was based on being told her age, not her appearance. There was no arguable basis that the applicant was deprived of a fair trial or that the convictions were unsafe.

Source-derived case information.

Parties
Respondent: Regina; Applicant: Luke Whitbread
Jurisdiction
England and Wales
Judgment Date
21 September 2021
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
renewed application for permission to appeal and application for permission to add additional grounds refused
Legal Topics
Sexual Offences, Child Sex Offences, Reasonable Belief as to Age, Admissibility of Evidence, Appeals Procedure
Criminal Law Sexual Offences Child Sex Offences Reasonable Belief as to Age Admissibility of Evidence Appeals Procedure

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Parties

Regina

Respondent

Luke Whitbread

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in refusing to admit photographs of the complainant as relevant to the applicant's belief as to her age
  2. 2 Whether the applicant was deprived of a fair trial due to alleged non-disclosure of material by his former legal team
  3. 3 Whether the convictions are unsafe

Ratio Decidendi

The photographs were irrelevant to the applicant's belief as to the complainant's age since he had not seen them at the time and his defence was based on being told her age, not her appearance. There was no arguable basis that the applicant was deprived of a fair trial or that the convictions were unsafe.

Court Disposition

renewed application for permission to appeal and application for permission to add additional grounds refused