PS, R. v

PS, R. v

The judge's directions, while not ideally structured, contained all essential elements required to address the impact of delay on the fairness of the trial and the reliability of the evidence. The focus on identity as the central issue reflected the reality of the defence at trial, and there was no misdirection in failing to direct the jury on fabrication, as this was not a live issue. The conviction was safe. The sentence was excessive only to the extent that the consecutive sentence on count 5 should be reduced by one year, resulting in a total sentence of six years.

Parties
Prosecution: Regina; Defendant: PS
Jurisdiction
England and Wales
Judgment Date
28 June 2013
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
conviction upheld, sentence varied
Legal Topics
Sexual Offences, Indecent Assault, Delay in Prosecution, Jury Directions, Sentencing, Abuse of Process
Criminal Law Sexual Offences Indecent Assault Delay in Prosecution Jury Directions Sentencing Abuse of Process

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

PS

Defendant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge gave adequate directions to the jury regarding the effect of a 34-year delay on the fairness of the trial and the reliability of the evidence.
  2. 2 Whether the judge erred in narrowing the issues to identity alone, excluding the possibility that the complainant's allegations were fabricated.
  3. 3 Whether the sentence imposed was manifestly excessive or otherwise unlawful.

Ratio Decidendi

The judge's directions, while not ideally structured, contained all essential elements required to address the impact of delay on the fairness of the trial and the reliability of the evidence. The focus on identity as the central issue reflected the reality of the defence at trial, and there was no misdirection in failing to direct the jury on fabrication, as this was not a live issue. The conviction was safe. The sentence was excessive only to the extent that the consecutive sentence on count 5 should be reduced by one year, resulting in a total sentence of six years.

Court Disposition

conviction upheld, sentence varied

Orders

  • Appeal against conviction dismissed.
  • Consecutive sentence on count 5 reduced from four years to three years, total sentence now six years.