Hunter & Ors v R. [2015] EWCA Crim 631 (16 April 2015)

Hunter & Ors v R. [2015] EWCA Crim 631 (16 April 2015)

The entitlement to a good character direction depends on the defendant's character status. Defendants with no relevant convictions are entitled to both limbs of the direction. Where previous convictions or admitted misconduct exist, the judge has discretion, and directions must not mislead. The Criminal Justice Act...

Source-derived case information.

Citation
[2015] EWCA Crim 631
Parties
Appellant: Nigel Hunter; Appellant: Joseph Saruwu; Appellant: Ian Johnstone; Appellant: Alan Walker; Appellant: Paul Lonsdale; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
16 April 2015
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeals allowed in part; general guidance issued on good character directions.
Legal Topics
Good Character Direction, Jury Directions, Credibility, Propensity, Criminal Justice Act 2003, Bad Character Evidence
Criminal Law Good Character Direction Jury Directions Credibility Propensity Criminal Justice Act 2003 Bad Character Evidence

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Parties

Nigel Hunter

Appellant

Joseph Saruwu

Appellant

Ian Johnstone

Appellant

Alan Walker

Appellant

Paul Lonsdale

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Extent and nature of good character direction in criminal trials
  2. 2 Whether defendants with previous convictions or admitted misconduct are entitled to good character directions
  3. 3 Impact of Criminal Justice Act 2003 on good character directions

Ratio Decidendi

The entitlement to a good character direction depends on the defendant's character status. Defendants with no relevant convictions are entitled to both limbs of the direction. Where previous convictions or admitted misconduct exist, the judge has discretion, and directions must not mislead. The Criminal Justice Act 2003 requires directions to be tailored, considering admitted bad character evidence. The law has been extended too far; only those of good or effective good character are entitled to the direction.

Court Disposition

Appeals allowed in part; general guidance issued on good character directions.

Orders

  • Convictions quashed where misdirection was fatal.
  • Directions for future cases clarified: only defendants of good or effective good character are entitled to both limbs of the direction; judges retain discretion in other cases.