Portman, R. v [2022] EWCA Crim 1200 (29 July 2022)

Portman, R. v [2022] EWCA Crim 1200 (29 July 2022)

The judge's decisions on adjournment, exclusion of bad character evidence, and refusal to stay proceedings were within proper judicial discretion and did not render the conviction unsafe or the trial unfair.

Citation
[2022] EWCA Crim 1200
Parties
Prosecution: Regina; Applicant: Piers Portman
Jurisdiction
England and Wales
Judgment Date
29 July 2022
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
renewed application for leave to appeal refused
Legal Topics
Racially Aggravated Harassment, Bad Character Evidence, Abuse of Process, Judicial Discretion, Appeals Procedure
Criminal Law Racially Aggravated Harassment Bad Character Evidence Abuse of Process Judicial Discretion Appeals Procedure

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Parties

Regina

Prosecution

Piers Portman

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in refusing an adjournment for absent witnesses
  2. 2 Whether the trial judge erred in refusing to admit bad character evidence against the complainant
  3. 3 Whether the proceedings should have been stayed as an abuse of process

Ratio Decidendi

The judge's decisions on adjournment, exclusion of bad character evidence, and refusal to stay proceedings were within proper judicial discretion and did not render the conviction unsafe or the trial unfair.

Court Disposition

renewed application for leave to appeal refused