Hereworth v R.
The absence of certain records did not cause such serious prejudice as to render the trial unfair; surviving documents supported the defence and the judge properly directed the jury. The fresh psychiatric evidence did not undermine the safety of the conviction. The sentence, though severe, was not manifestly excessive given the appellant's position of trust and the circumstances of the abuse.
- Parties
- Appellant: Melvin Hereworth; Respondent: The Crown
- Jurisdiction
- England and Wales
- Judgment Date
- 01 February 2011
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Abuse of Process, Historical Sexual Offences, Fair Trial, Missing Evidence, Sentencing
Case Brief
Summary, issues, holding and outcome
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Parties
Melvin Hereworth
Appellant
The Crown
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the trial should have been stayed due to missing evidence and abuse of process
- 2 Whether the absence of records rendered a fair trial impossible
- 3 Whether the judge properly directed the jury regarding inconsistencies and missing evidence
Ratio Decidendi
The absence of certain records did not cause such serious prejudice as to render the trial unfair; surviving documents supported the defence and the judge properly directed the jury. The fresh psychiatric evidence did not undermine the safety of the conviction. The sentence, though severe, was not manifestly excessive given the appellant's position of trust and the circumstances of the abuse.
Court Disposition
appeal dismissed
Orders
- application for permission on other grounds dismissed
- appeal against conviction dismissed
Full Case Text
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