O, J and S, R v

O, J and S, R v

The judge was entitled to direct the jury to disregard the bulk of Margerrison's evidence once it was undermined, and his rulings were not wrong, erroneous, or unreasonable. The prosecution's application for leave to appeal was refused as the evidentiary rulings were correct and the procedural requirements were met.

Parties
Prosecution: R; Defendant: O; Defendant: J; Defendant: S
Jurisdiction
England and Wales
Judgment Date
06 March 2008
Procedural Posture
Criminal Appeal / Prosecution Application for Leave to Appeal Against Evidentiary Rulings After Close of Prosecution Case
Outcome
Application refused; acquittal directed
Legal Topics
Abuse of Process, Admissibility of Evidence, Terminating Rulings, Appeals by Prosecution
Criminal Law Criminal Procedure Abuse of Process Admissibility of Evidence Terminating Rulings Appeals by Prosecution

Case Brief

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Parties

R

Prosecution

O

Defendant

J

Defendant

S

Defendant

Procedural Posture

Criminal Appeal / Prosecution Application for Leave to Appeal Against Evidentiary Rulings After Close of Prosecution Case

Legal Issues

  1. 1 Whether the prosecution could appeal under ss 58-61 Criminal Justice Act 2003 against evidentiary rulings that effectively terminated the trial
  2. 2 Whether the judge's rulings on the admissibility of Margerrison's evidence were correct
  3. 3 Whether the prosecution complied with procedural requirements for appeal

Ratio Decidendi

The judge was entitled to direct the jury to disregard the bulk of Margerrison's evidence once it was undermined, and his rulings were not wrong, erroneous, or unreasonable. The prosecution's application for leave to appeal was refused as the evidentiary rulings were correct and the procedural requirements were met.

Court Disposition

Application refused; acquittal directed

Orders

  • Application for leave to appeal refused
  • Acquittal of the defendants directed