Ensor, R. v

Ensor, R. v

The psychiatric report did not demonstrate that the appellant's mental condition made it undesirable for him to give evidence within the meaning of section 35(1)(b) CJPOA. The defence's late service of the report was a grave breach of the Criminal Procedure Rules and constituted a deliberate tactical ploy. The judge was correct to refuse admission of the report and to give an adverse inference direction. The prosecution proved continuity of evidence regarding the keys and padlocks. The sentence imposed was justified and not excessive.

Parties
Appellant: Max Angus Ensor; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
05 November 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeal dismissed
Legal Topics
Admissibility of Expert Evidence, Adverse Inference From Silence, Continuity of Evidence, Sentencing
Criminal Law Admissibility of Expert Evidence Adverse Inference From Silence Continuity of Evidence 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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Max Angus Ensor

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in refusing to admit psychiatric evidence regarding the appellant's ability to give evidence
  2. 2 Whether the judge was correct in giving an adverse inference direction under section 35 of the Criminal Justice and Public Order Act 1994
  3. 3 Whether the prosecution proved continuity of custody of padlocks and keys

Ratio Decidendi

The psychiatric report did not demonstrate that the appellant's mental condition made it undesirable for him to give evidence within the meaning of section 35(1)(b) CJPOA. The defence's late service of the report was a grave breach of the Criminal Procedure Rules and constituted a deliberate tactical ploy. The judge was correct to refuse admission of the report and to give an adverse inference direction. The prosecution proved continuity of evidence regarding the keys and padlocks. The sentence imposed was justified and not excessive.

Court Disposition

appeal dismissed

Orders

  • application for leave to appeal against conviction refused
  • application for leave to appeal against sentence refused