PR v R. [2019] EWCA Crim 1225 (12 July 2019)

PR v R. [2019] EWCA Crim 1225 (12 July 2019)

The destruction of police evidence did not prevent a fair trial because sufficient contemporaneous material existed to test the complainant's credibility, and the trial judge gave exemplary directions to the jury regarding the prejudice caused by the missing evidence. The appellant failed to demonstrate serious prejudice warranting a stay.

Citation
[2019] EWCA Crim 1225
Parties
Appellant: PR; Respondent: THE CROWN
Jurisdiction
England and Wales
Judgment Date
12 July 2019
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Abuse of Process, Fair Trial, Historic Sexual Offences, Missing Evidence
Criminal Law Abuse of Process Fair Trial Historic Sexual Offences Missing Evidence

Case Brief

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Parties

PR

Appellant

THE CROWN

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the destruction of police evidence from 2002 rendered the trial unfair and justified a stay for abuse of process

Ratio Decidendi

The destruction of police evidence did not prevent a fair trial because sufficient contemporaneous material existed to test the complainant's credibility, and the trial judge gave exemplary directions to the jury regarding the prejudice caused by the missing evidence. The appellant failed to demonstrate serious prejudice warranting a stay.

Court Disposition

appeal dismissed

Orders

  • No stay granted; conviction stands.