O'Leary, R. v

O'Leary, R. v

The judge was entitled to admit the evidence of the conversation and police station behaviour as they were relevant and capable of supporting the prosecution case. The summing-up was fair and adequately put the defence case before the jury. The refusal to allow cross-examination of the paramedic was proper as he was not an expert. There was sufficient evidence to support the conviction.

Parties
Prosecution: Regina; Applicant: Michael O'Leary
Jurisdiction
England and Wales
Judgment Date
11 June 2013
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
permission to appeal refused
Legal Topics
Admissibility of Evidence, Confession, Summation, Causation, Murder
Criminal Law Admissibility of Evidence Confession Summation Causation Murder

Case Brief

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Parties

Regina

Prosecution

Michael O'Leary

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in admitting evidence of a conversation between the applicant and his son
  2. 2 Whether the trial judge erred in admitting evidence of the applicant's behaviour at the police station
  3. 3 Whether the judge erred in refusing cross-examination of a paramedic on causation

Ratio Decidendi

The judge was entitled to admit the evidence of the conversation and police station behaviour as they were relevant and capable of supporting the prosecution case. The summing-up was fair and adequately put the defence case before the jury. The refusal to allow cross-examination of the paramedic was proper as he was not an expert. There was sufficient evidence to support the conviction.

Court Disposition

permission to appeal refused

Orders

  • renewed application for leave to appeal against conviction refused
  • representation order refused