PM v R.

PM v R.

Despite the failure of the judge to give proper directions regarding the lack of cross-examination of L, the trial was not unfair and the convictions are not unsafe because the defence had sufficient opportunity to challenge L's evidence through independent sources, and the overall evidence supported the verdicts.

Parties
Appellant: PM; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
26 November 2008
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
appeal against conviction dismissed; application for leave to appeal sentence refused
Legal Topics
Sexual Offences, Fair Trial, Cross Examination, Jury Directions, Appeal Against Conviction, Sentence Review
Criminal Law Sexual Offences Fair Trial Cross Examination Jury Directions Appeal Against Conviction Sentence Review

Case Brief

Summary, issues, holding and outcome

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Parties

PM

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the failure to discharge the jury after the complainant L collapsed and could not be cross-examined rendered the trial unfair and the convictions unsafe
  2. 2 Whether the judge's directions to the jury regarding the evidence of L were adequate given the lack of cross-examination
  3. 3 Whether the judge properly summarised the defence case and addressed criticisms of the summing up

Ratio Decidendi

Despite the failure of the judge to give proper directions regarding the lack of cross-examination of L, the trial was not unfair and the convictions are not unsafe because the defence had sufficient opportunity to challenge L's evidence through independent sources, and the overall evidence supported the verdicts.

Court Disposition

appeal against conviction dismissed; application for leave to appeal sentence refused

Orders

  • Convictions upheld
  • Application for leave to appeal sentence refused