Hereworth v R. [2011] EWCA Crim 74 (01 February 2011)

Hereworth v R. [2011] EWCA Crim 74 (01 February 2011)

The absence of certain records did not cause such serious prejudice to the appellant as to render the trial unfair; the surviving records supported the defence to an extent, and the judge's directions to the jury were adequate. The fresh evidence did not undermine the safety of the conviction. The sentence, though severe, was not manifestly excessive given the abuse of trust and circumstances.

Citation
[2011] EWCA Crim 74
Parties
Appellant: Melvin Hereworth; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
01 February 2011
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction and sentence dismissed
Legal Topics
Abuse of Process, Historical Sexual Offences, Fair Trial, Missing Evidence, Sentencing
Criminal Law Abuse of Process Historical Sexual Offences Fair Trial Missing Evidence Sentencing

Case Brief

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Parties

Melvin Hereworth

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial should have been stayed as an abuse of process due to missing evidence and delay
  2. 2 Whether the absence of records rendered the trial unfair
  3. 3 Whether the judge's directions to the jury were adequate regarding missing evidence

Ratio Decidendi

The absence of certain records did not cause such serious prejudice to the appellant as to render the trial unfair; the surviving records supported the defence to an extent, and the judge's directions to the jury were adequate. The fresh evidence did not undermine the safety of the conviction. The sentence, though severe, was not manifestly excessive given the abuse of trust and circumstances.

Court Disposition

Appeal against conviction and sentence dismissed