Cleere, R. v

Cleere, R. v

The appellant's evidence gave a misleading impression to the jury, but the admission of the previous conviction did not render the conviction unsafe given the far-fetched nature of the defence. The conviction is safe and the appeal is dismissed.

Parties
Appellant: Patrick Cleere; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
16 October 2020
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Perverting the Course of Justice, Admissibility of Bad Character Evidence, False or Misleading Impression, Judicial Discretion
Criminal Law Perverting the Course of Justice Admissibility of Bad Character Evidence False or Misleading Impression Judicial Discretion

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Parties

Patrick Cleere

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in admitting evidence of the appellant's previous conviction for fraud under bad character provisions
  2. 2 Whether the appellant's answers in cross-examination gave a false or misleading impression to the jury
  3. 3 Whether the conviction is safe given the admission of the previous conviction

Ratio Decidendi

The appellant's evidence gave a misleading impression to the jury, but the admission of the previous conviction did not render the conviction unsafe given the far-fetched nature of the defence. The conviction is safe and the appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • conviction upheld
  • no change to sentence