Smith & Ors, R. v [2024] EWCA Crim 390 (19 April 2024)

Smith & Ors, R. v [2024] EWCA Crim 390 (19 April 2024)

The convictions of Tracey Baker and David Baker were unsafe due to the irredeemable unreliability of the child witnesses' evidence regarding specific incidents, which could not be remedied by judicial directions or the context of the case. The admission of bad character evidence of Norman Williams was justified as important explanatory evidence, and the absence of a specific jury direction did not render the convictions unsafe. Other grounds of appeal, including those relating to section 28 cross-examination, prosecution speech, and conspiracy counts, were unarguable or did not undermine the safety of the convictions.

Citation
[2024] EWCA Crim 390
Parties
Respondent: Rex; Appellant: Mark Smith; Appellant: Ann Marie Clare; Appellant: Kirsty Webb; Appellant: James Evans; Appellant: Natasha Webb; Appellant: Tracey Baker; Appellant: Luke Baker; Appellant: David Baker; Appellant: Phillip Wellington; Appellant: Natalie Wellington; Appellant: Violet Griffiths
Jurisdiction
England and Wales
Judgment Date
19 April 2024
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence; Renewed Applications for Leave to Appeal
Outcome
Appeals against conviction by Natalie Wellington and Phillip Wellington dismissed; appeal against sentence by Natasha Webb dismissed; appeal against sentence by Luke Baker allowed (sentence reduced from 28 to 18 months); appeals against conviction by Tracey Baker and David Baker allowed (convictions quashed,...
Legal Topics
Appeals Against Conviction, Appeals Against Sentence, Conspiracy, Sexual Offences Against Children, Bad Character Evidence, Admissibility of Evidence, Jury Directions, Section 28 Cross Examination, Unsafe Convictions
Criminal Law Appeals Against Conviction Appeals Against Sentence Conspiracy Sexual Offences Against Children Bad Character Evidence Admissibility of Evidence Jury Directions +2 more

Case Brief

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Parties

Rex

Respondent

Mark Smith

Appellant

Ann Marie Clare

Appellant

Kirsty Webb

Appellant

James Evans

Appellant

Natasha Webb

Appellant

Tracey Baker

Appellant

Luke Baker

Appellant

David Baker

Appellant

Phillip Wellington

Appellant

Natalie Wellington

Appellant

Violet Griffiths

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence; Renewed Applications for Leave to Appeal

Legal Issues

  1. 1 Whether convictions against certain appellants were unsafe due to unreliable evidence
  2. 2 Whether bad character evidence was properly admitted
  3. 3 Whether jury directions were adequate

Ratio Decidendi

The convictions of Tracey Baker and David Baker were unsafe due to the irredeemable unreliability of the child witnesses' evidence regarding specific incidents, which could not be remedied by judicial directions or the context of the case. The admission of bad character evidence of Norman Williams was justified as important explanatory evidence, and the absence of a specific jury direction did not render the convictions unsafe. Other grounds of appeal, including those relating to section 28 cross-examination, prosecution speech, and conspiracy counts, were unarguable or did not undermine the safety of the convictions.

Court Disposition

Appeals against conviction by Natalie Wellington and Phillip Wellington dismissed; appeal against sentence by Natasha Webb dismissed; appeal against sentence by Luke Baker allowed (sentence reduced from 28 to 18 months); appeals against conviction by Tracey Baker and David Baker allowed (convictions quashed,...

Orders

  • Appeal against conviction by Natalie Wellington dismissed
  • Appeal against conviction by Phillip Wellington dismissed