Midgley v R

Midgley v R

There was no reasonable explanation for the failure to call Richard Lloyd at trial, and his evidence would not have affected the outcome. The conviction is safe. However, the sentence of 7 years was too high given the circumstances; the appropriate sentence is 5 years.

Parties
Appellant: Neil Midgley; Respondent: R
Jurisdiction
England and Wales
Judgment Date
11 July 2014
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
appeal against conviction dismissed; appeal against sentence allowed in part
Legal Topics
Indecent Assault, Sexual Offences, Fresh Evidence, Historic Sexual Abuse, Sentencing
Criminal Law Indecent Assault Sexual Offences Fresh Evidence Historic Sexual Abuse Sentencing

Case Brief

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Parties

Neil Midgley

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction is unsafe due to failure to call a key witness (Richard Lloyd) whose evidence was not adduced at trial
  2. 2 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

There was no reasonable explanation for the failure to call Richard Lloyd at trial, and his evidence would not have affected the outcome. The conviction is safe. However, the sentence of 7 years was too high given the circumstances; the appropriate sentence is 5 years.

Court Disposition

appeal against conviction dismissed; appeal against sentence allowed in part

Orders

  • sentence of 7 years on count 1 quashed and substituted with 5 years
  • other orders remain unchanged