Scully, R. v

Scully, R. v

The jury's conviction on count 2 was supported by independent evidence and appellant's admission, rendering the verdicts consistent; the combined 'Watson' and majority directions did not pressure the jury or vitiate the conviction; the sentence imposed was justified and not manifestly excessive given the gravity of the offence.

Parties
Respondent: Regina; Appellant: Mark Christopher Scully
Jurisdiction
England and Wales
Judgment Date
05 December 2013
Procedural Posture
Criminal Appeal / Judgment on Conviction and Sentence Appeal
Outcome
appeal against conviction dismissed; application for leave to appeal sentence refused
Legal Topics
Sexual Offences, Jury Directions, Appeals, Sentencing
Criminal Law Sexual Offences Jury Directions Appeals Sentencing

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 3 Authorities cited 8 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Regina

Respondent

Mark Christopher Scully

Appellant

Procedural Posture

Criminal Appeal / Judgment on Conviction and Sentence Appeal

Legal Issues

  1. 1 Whether the conviction on count 2 was logically inconsistent with acquittals on counts 1 and 3
  2. 2 Whether the combined 'Watson' and majority directions rendered the verdict unsafe
  3. 3 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The jury's conviction on count 2 was supported by independent evidence and appellant's admission, rendering the verdicts consistent; the combined 'Watson' and majority directions did not pressure the jury or vitiate the conviction; the sentence imposed was justified and not manifestly excessive given the gravity of the offence.

Court Disposition

appeal against conviction dismissed; application for leave to appeal sentence refused

Orders

  • conviction on count 2 upheld
  • sentence of 5 years 4 months' imprisonment affirmed