R v Pascal Molliere

R v Pascal Molliere

The trial judge was not wrong to conclude the applicant had gone outside his prepared statement, justifying the s.34 direction. The applicant's evidence amounted to an attack on the complainant's character, opening the gateway for admission of bad character evidence. The judge exercised discretion correctly and the conviction is safe.

Parties
Prosecution: Rex; Appellant: Pascal Molliere
Jurisdiction
England and Wales
Judgment Date
13 January 2023
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
application for leave to appeal dismissed
Legal Topics
Sexual Offences, Adverse Inference, Bad Character Evidence, Fair Trial
Criminal Law Sexual Offences Adverse Inference Bad Character Evidence Fair Trial

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Rex

Prosecution

Pascal Molliere

Appellant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in giving a s.34 direction permitting the jury to draw adverse inference from the appellant's silence in police interview
  2. 2 Whether the trial judge erred in admitting evidence of the appellant's bad character

Ratio Decidendi

The trial judge was not wrong to conclude the applicant had gone outside his prepared statement, justifying the s.34 direction. The applicant's evidence amounted to an attack on the complainant's character, opening the gateway for admission of bad character evidence. The judge exercised discretion correctly and the conviction is safe.

Court Disposition

application for leave to appeal dismissed

Orders

  • renewed application for leave to appeal against conviction dismissed