Cleere, R. v [2020] EWCA Crim 1360 (16 October 2020)

Cleere, R. v [2020] EWCA Crim 1360 (16 October 2020)

Although the trial judge should have excluded the evidence of the previous conviction, the conviction was nevertheless safe because the defence was far-fetched and the jury would have reached the same conclusion without the bad character evidence.

Citation
[2020] EWCA Crim 1360
Parties
Respondent: Regina; Appellant: Patrick Cleere
Jurisdiction
England and Wales
Judgment Date
16 October 2020
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Perverting the Course of Justice, Bad Character Evidence, Admissibility of Previous Convictions, Jury Directions
Criminal Law Perverting the Course of Justice Bad Character Evidence Admissibility of Previous Convictions Jury Directions

Case Brief

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Parties

Regina

Respondent

Patrick Cleere

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in admitting evidence of the appellant's previous conviction for fraud under the bad character provisions of the Criminal Justice Act 2003
  2. 2 Whether the admission of such evidence rendered the conviction unsafe

Ratio Decidendi

Although the trial judge should have excluded the evidence of the previous conviction, the conviction was nevertheless safe because the defence was far-fetched and the jury would have reached the same conclusion without the bad character evidence.

Court Disposition

Appeal dismissed