MB, R. v

MB, R. v

The trial judge fairly and sufficiently put the applicant's defence case to the jury, and the omission of a good character direction was a reasonable tactical decision by counsel given pending charges; the conviction remains safe and the extension of time is refused.

Source-derived case information.

Parties
Applicant: M. B.; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
28 June 2013
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction
Outcome
application for extension of time refused; permission to appeal refused
Legal Topics
Child Cruelty, Good Character Direction, Summation of Defence, Fairness of Trial
Criminal Law Child Cruelty Good Character Direction Summation of Defence Fairness of Trial

Source-derived case record

Summary, issues, holding and outcome

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Parties

M. B.

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge properly summed up the applicant's defence as disclosed in police interviews
  2. 2 Whether the judge failed to give a good character direction and if that rendered the conviction unsafe

Ratio Decidendi

The trial judge fairly and sufficiently put the applicant's defence case to the jury, and the omission of a good character direction was a reasonable tactical decision by counsel given pending charges; the conviction remains safe and the extension of time is refused.

Court Disposition

application for extension of time refused; permission to appeal refused

Orders

  • representation order granted for work already done following the decision of the single judge in further preparing the application for extension of time, for leave to appeal, and in advising and obtaining a statement from the applicant in respect of the waiver of privilege procedure