Toner v R.

Toner v R.

It was a proper exercise of judicial discretion to refuse severance of the indictment because evidence of possession of indecent images was admissible as bad character evidence in relation to historic indecency charges, and vice versa; convictions are safe.

Parties
Appellant: Peter Toner; Respondent: R
Jurisdiction
England and Wales
Judgment Date
15 March 2019
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal dismissed; convictions upheld.
Legal Topics
Joinder and Severance of Charges, Bad Character Evidence, Indecency With Children, Possession of Indecent Images
Criminal Law Joinder and Severance of Charges Bad Character Evidence Indecency With Children Possession of Indecent Images

Case Brief

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Parties

Peter Toner

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether joinder of historic indecency charges and recent possession of indecent images was proper
  2. 2 Admissibility of evidence of possession of indecent images as bad character evidence
  3. 3 Whether judge properly exercised discretion in refusing severance

Ratio Decidendi

It was a proper exercise of judicial discretion to refuse severance of the indictment because evidence of possession of indecent images was admissible as bad character evidence in relation to historic indecency charges, and vice versa; convictions are safe.

Court Disposition

Appeal dismissed; convictions upheld.