Marchant, R. v [2018] EWCA Crim 2606 (23 November 2018)

Marchant, R. v [2018] EWCA Crim 2606 (23 November 2018)

Although the judge's interventions during the appellant's examination-in-chief were at times improper and went beyond clarification, they did not materially impair the appellant's ability to give his account or render the trial unfair. The summing up, while containing some minor inaccuracies and omissions, was not fundamentally unbalanced. The conviction is safe.

Citation
[2018] EWCA Crim 2606
Parties
Respondent: THE QUEEN; Appellant: MARK MARCHANT
Jurisdiction
England and Wales
Judgment Date
23 November 2018
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Rape, Judicial Conduct, Fair Trial, Judicial Intervention, Summing Up, Unsafe Conviction
Criminal Law Rape Judicial Conduct Fair Trial Judicial Intervention Summing Up Unsafe Conviction

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 7 Party arguments 2
Sign in to unlock

Parties

THE QUEEN

Respondent

MARK MARCHANT

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the judge's interventions during the appellant's examination-in-chief rendered the trial unfair
  2. 2 Whether the judge's summing up was fundamentally unbalanced and prejudicial to the appellant

Ratio Decidendi

Although the judge's interventions during the appellant's examination-in-chief were at times improper and went beyond clarification, they did not materially impair the appellant's ability to give his account or render the trial unfair. The summing up, while containing some minor inaccuracies and omissions, was not fundamentally unbalanced. The conviction is safe.

Court Disposition

Appeal dismissed