Lamb, R. v

Lamb, R. v

The trial judge's failure to warn the jury about the danger of innocent contamination of evidence between complainants constituted a material misdirection, rendering the convictions unsafe.

Parties
Prosecution: Regina; Appellant: Mark Lamb
Jurisdiction
England and Wales
Judgment Date
18 July 2007
Procedural Posture
Criminal Appeal / Judgment After Appeal Hearing
Outcome
appeal allowed; convictions quashed
Legal Topics
Bad Character Evidence, Cross Admissibility, Contamination of Evidence, Sexual Offences, Judicial Directions
Criminal Law Evidence Bad Character Evidence Cross Admissibility Contamination of Evidence Sexual Offences Judicial Directions

Case Brief

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Parties

Regina

Prosecution

Mark Lamb

Appellant

Procedural Posture

Criminal Appeal / Judgment After Appeal Hearing

Legal Issues

  1. 1 Whether the trial judge failed to properly direct the jury on the danger of innocent contamination of evidence between complainants.
  2. 2 Whether the convictions were unsafe due to misdirection regarding cross-admissibility and similarities between incidents.

Ratio Decidendi

The trial judge's failure to warn the jury about the danger of innocent contamination of evidence between complainants constituted a material misdirection, rendering the convictions unsafe.

Court Disposition

appeal allowed; convictions quashed

Orders

  • convictions quashed