R v Michael McCafferty

R v Michael McCafferty

The convictions are not unsafe as the judge's directions to the jury were sufficient to remedy any prejudice from inadmissible evidence, the verdicts were not logically inconsistent, the directions on cross-admissibility were proper, and there was no cumulative effect of errors rendering the convictions unsafe.

Parties
Prosecutor: Rex; Applicant: Michael McCafferty
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
renewed application for leave to appeal against conviction refused
Legal Topics
Sexual Offences, Indecent Assault, Bad Character Evidence, Jury Directions, Cross Admissibility, Unsafe Convictions
Criminal Law Sexual Offences Indecent Assault Bad Character Evidence Jury Directions Cross Admissibility Unsafe Convictions

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Parties

Rex

Prosecutor

Michael McCafferty

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether inadmissible hearsay bad character evidence rendered the trial unfair and convictions unsafe
  2. 2 Whether the jury's verdicts were logically inconsistent and therefore unsafe
  3. 3 Whether the judge erred in directions on cross-admissibility of evidence

Ratio Decidendi

The convictions are not unsafe as the judge's directions to the jury were sufficient to remedy any prejudice from inadmissible evidence, the verdicts were not logically inconsistent, the directions on cross-admissibility were proper, and there was no cumulative effect of errors rendering the convictions unsafe.

Court Disposition

renewed application for leave to appeal against conviction refused

Orders

  • Renewed application for leave to appeal against conviction is refused.