Kane, R. v

Kane, R. v

The conviction was quashed because the trial judge wrongly admitted extensive bad character evidence that was of minimal relevance and highly prejudicial, resulting in an unfair trial; the evidence was admitted not to show propensity to commit blackmail but to paint the appellant as a generally bad character, contrary to the requirements of the Criminal Justice Act 2003.

Parties
Prosecution: Regina; Appellant: Peter Kane
Jurisdiction
England and Wales
Judgment Date
30 July 2013
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal allowed, conviction quashed, no retrial ordered
Legal Topics
Bad Character Evidence, Severance, Fair Trial, Blackmail, Money Laundering
Criminal Law Bad Character Evidence Severance Fair Trial Blackmail Money Laundering

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

Peter Kane

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in admitting extensive bad character evidence against the appellant in relation to a blackmail charge
  2. 2 Whether the trial judge erred in refusing severance of the blackmail count from the money laundering counts
  3. 3 Whether the cumulative effect of the admitted evidence rendered the trial unfair

Ratio Decidendi

The conviction was quashed because the trial judge wrongly admitted extensive bad character evidence that was of minimal relevance and highly prejudicial, resulting in an unfair trial; the evidence was admitted not to show propensity to commit blackmail but to paint the appellant as a generally bad character, contrary to the requirements of the Criminal Justice Act 2003.

Court Disposition

appeal allowed, conviction quashed, no retrial ordered

Orders

  • conviction quashed
  • no order for retrial