Mulindwa, R. v

Mulindwa, R. v

It was not undesirable for the defendant to give evidence, as the difficulties arising from his mental disorder could be addressed by strictly limited expert evidence explaining his presentation, without infringing the prohibition on expert opinion regarding credibility. The section 35 direction was appropriate and the conviction is safe.

Parties
Prosecution: Regina; Defendant: Mulindwa
Jurisdiction
England and Wales
Judgment Date
06 April 2017
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction
Outcome
renewed application for leave to appeal refused
Legal Topics
Adverse Inference Direction, Mental Disorder, Expert Evidence, Credibility of Witness
Criminal Law Adverse Inference Direction Mental Disorder Expert Evidence Credibility of Witness

Case Brief

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Parties

Regina

Prosecution

Mulindwa

Defendant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether it was undesirable for the defendant to give evidence due to mental disorder
  2. 2 Permissibility and scope of expert evidence on reliability of defendant's testimony
  3. 3 Appropriateness of section 35 direction given defendant's mental health

Ratio Decidendi

It was not undesirable for the defendant to give evidence, as the difficulties arising from his mental disorder could be addressed by strictly limited expert evidence explaining his presentation, without infringing the prohibition on expert opinion regarding credibility. The section 35 direction was appropriate and the conviction is safe.

Court Disposition

renewed application for leave to appeal refused

Orders

  • Conviction stands
  • No leave to appeal granted