Bryant, R. v

Bryant, R. v

The conviction was quashed because the judge's conduct, including his demeanour and contrasting treatment of prosecution and defence witnesses, created the impermissible impression that he favoured the prosecution, thereby depriving the appellant of a fair trial.

Parties
Prosecution: Regina; Appellant: Patrick Bryant
Jurisdiction
England and Wales
Judgment Date
28 July 2005
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
conviction quashed; retrial ordered
Legal Topics
Judicial Impartiality, Fair Trial, Conduct of Trial Judge, Appeal Against Conviction, Order for Retrial
Criminal Law Judicial Impartiality Fair Trial Conduct of Trial Judge Appeal Against Conviction Order for Retrial

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Prosecution

Patrick Bryant

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge's conduct deprived the appellant of a fair trial
  2. 2 Whether the judge's demeanour and behaviour towards defence witnesses and counsel was improper
  3. 3 Whether the summing-up was unfairly prejudicial to the defence

Ratio Decidendi

The conviction was quashed because the judge's conduct, including his demeanour and contrasting treatment of prosecution and defence witnesses, created the impermissible impression that he favoured the prosecution, thereby depriving the appellant of a fair trial.

Court Disposition

conviction quashed; retrial ordered

Orders

  • The conviction is quashed.
  • A new trial is ordered on all three counts on a fresh indictment.