Matthew Tallentire & Anor v R

Matthew Tallentire & Anor v R

The judge was entitled to comment on the failure to call Ms Hutchinson as a witness given her availability, the jury's question, and the nature of the evidence. The direction given was fair, balanced, and reminded the jury of the burden of proof, and did not render the conviction unsafe.

Parties
Appellant: Matthew Tallentire; Appellant: Mark Smethurst; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
14 July 2025
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Failure to Call Witness, Judicial Directions, Lies Direction, Rape, Cruelty to Children
Criminal Law Failure to Call Witness Judicial Directions Lies Direction Rape Cruelty to Children

Case Brief

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Parties

Matthew Tallentire

Appellant

Mark Smethurst

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the judge erred in giving a direction regarding the failure to call Ms Hutchinson as a witness
  2. 2 Whether the content and timing of the direction rendered the conviction unsafe
  3. 3 Whether the lies direction was appropriate

Ratio Decidendi

The judge was entitled to comment on the failure to call Ms Hutchinson as a witness given her availability, the jury's question, and the nature of the evidence. The direction given was fair, balanced, and reminded the jury of the burden of proof, and did not render the conviction unsafe.

Court Disposition

appeal dismissed

Orders

  • Mr Tallentire’s appeal against conviction is dismissed.
  • Mr Smethurst’s appeal against conviction is dismissed.