Stuttle, R. v [2025] EWCA Crim 256 (07 March 2025)

Stuttle, R. v [2025] EWCA Crim 256 (07 March 2025)

The conviction is unsafe because the jury discovered and considered new evidence (a bank card) after retiring, which was significant to the central issue of identity, and the appellant had no opportunity to address it nor did the judge give any direction regarding its use.

Citation
[2025] EWCA Crim 256
Parties
Respondent: Rex; Appellant: Nicholas Stuttle
Jurisdiction
England and Wales
Judgment Date
07 March 2025
Procedural Posture
Criminal Appeal / Appeal Against Conviction From Crown Court
Outcome
Conviction quashed
Legal Topics
Jury Deliberations, Disclosure of Evidence, Unsafe Conviction, New Evidence After Retirement, Discharge of Jury
Criminal Law Jury Deliberations Disclosure of Evidence Unsafe Conviction New Evidence After Retirement Discharge of Jury

Case Brief

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Parties

Rex

Respondent

Nicholas Stuttle

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction From Crown Court

Legal Issues

  1. 1 Whether the conviction is unsafe due to the introduction of new evidence (a bank card) discovered by the jury after retirement
  2. 2 Whether the judge erred in failing to discharge the jury upon discovery of the new evidence

Ratio Decidendi

The conviction is unsafe because the jury discovered and considered new evidence (a bank card) after retiring, which was significant to the central issue of identity, and the appellant had no opportunity to address it nor did the judge give any direction regarding its use.

Court Disposition

Conviction quashed

Orders

  • Convictions for dangerous driving and aggravated vehicle taking quashed