Roach, R v [2001] EWCA Crim 2648; [2001] Ewca Crim 2698 (4th December, 2001)

Roach, R v [2001] EWCA Crim 2648; [2001] Ewca Crim 2698 (4th December, 2001)

The conviction was unsafe because the trial judge failed to leave the issue of non-insane automatism to the jury and misdirected the burden of proof, compounded by prejudicial comments regarding the appellant's character and inadequate summing up of defence evidence.

Citation
[2001] Ewca Crim 2698
Parties
Prosecution: Regina; Appellant: Michael Roach
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal allowed; conviction quashed
Legal Topics
Automatism, Insanity, Burden of Proof, Directions to Jury, Character Evidence
Criminal Law Automatism Insanity Burden of Proof Directions to Jury Character Evidence

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 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Regina

Prosecution

Michael Roach

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in failing to leave the issue of non-insane automatism to the jury
  2. 2 Whether the summing up of the defence evidence and arguments was inadequate
  3. 3 Whether the judge's intervention regarding the appellant's character was prejudicial

Ratio Decidendi

The conviction was unsafe because the trial judge failed to leave the issue of non-insane automatism to the jury and misdirected the burden of proof, compounded by prejudicial comments regarding the appellant's character and inadequate summing up of defence evidence.

Court Disposition

appeal allowed; conviction quashed

Orders

  • conviction quashed