Powell, R. v

Powell, R. v

There were significant similarities between the two incidents, forming a series of offences of similar character; the judge's refusal to sever was within discretion and consistent with governing authority; cross-admissibility is not the sole criterion for severance; the application for leave to appeal against conviction is refused.

Parties
Prosecution: Regina; Defendant: Powell
Jurisdiction
England and Wales
Judgment Date
29 January 2014
Procedural Posture
Criminal / Application for Leave to Appeal Against Conviction
Outcome
application refused
Legal Topics
Joinder and Severance, Cross Admissibility, Murder, Sexual Offences
Criminal Law Joinder and Severance Cross Admissibility Murder Sexual Offences

Case Brief

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Parties

Regina

Prosecution

Powell

Defendant

Procedural Posture

Criminal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the judge ought to have severed the indictment so that the two incidents could be dealt with in separate trials
  2. 2 Whether failure to sever led to significant prejudice to the defendant
  3. 3 Whether the convictions are unsafe due to alleged prejudice

Ratio Decidendi

There were significant similarities between the two incidents, forming a series of offences of similar character; the judge's refusal to sever was within discretion and consistent with governing authority; cross-admissibility is not the sole criterion for severance; the application for leave to appeal against conviction is refused.

Court Disposition

application refused

Orders

  • Application for leave to appeal against conviction is refused.