Sharp, R v

Sharp, R v

The conviction was unsafe because prejudicial evidence was introduced without proper notice or direction to the jury, depriving the appellant of a fair trial.

Parties
Prosecution: Regina; Appellant: Neil Sharp
Jurisdiction
England and Wales
Judgment Date
20 November 2012
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeal allowed; conviction quashed; no retrial ordered
Legal Topics
Indecent Assault, Bad Character Evidence, Jury Directions, Retrial, Delay in Prosecution
Criminal Law Indecent Assault Bad Character Evidence Jury Directions Retrial Delay in Prosecution

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Neil Sharp

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the judge's handling of prejudicial evidence rendered the conviction unsafe
  2. 2 Whether the jury was properly directed regarding delay and the appellant's police interview
  3. 3 Whether a retrial should be ordered after two inconclusive trials

Ratio Decidendi

The conviction was unsafe because prejudicial evidence was introduced without proper notice or direction to the jury, depriving the appellant of a fair trial.

Court Disposition

appeal allowed; conviction quashed; no retrial ordered

Orders

  • Conviction quashed
  • No order for retrial