Sutton v R

Sutton v R

Convictions relating to JA are unsafe due to his post-trial retraction and refusal to confirm or deny his evidence; convictions relating to other complainants are safe as jury directions were adequate, compensation claims do not render evidence unreliable, and no material non-disclosure or inconsistency undermines the verdicts.

Parties
Applicant/appellant: Richard Keith Sutton; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
03 February 2005
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal allowed in part; convictions relating to JA quashed; sentence reduced.
Legal Topics
Sexual Offences, Child Abuse, Evidence, Compensation Claims, Jury Directions, Delay in Prosecution, Non Disclosure, Fresh Evidence, Unsafe Convictions
Criminal Law Sexual Offences Child Abuse Evidence Compensation Claims Jury Directions Delay in Prosecution Non Disclosure +2 more

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Parties

Richard Keith Sutton

Applicant/appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Adequacy of jury warnings on unsupported evidence
  2. 2 Adequacy of jury warnings on delay
  3. 3 Non-disclosure of material relating to compensation claims

Ratio Decidendi

Convictions relating to JA are unsafe due to his post-trial retraction and refusal to confirm or deny his evidence; convictions relating to other complainants are safe as jury directions were adequate, compensation claims do not render evidence unreliable, and no material non-disclosure or inconsistency undermines the verdicts.

Court Disposition

Appeal allowed in part; convictions relating to JA quashed; sentence reduced.

Orders

  • Convictions relating to JA quashed.
  • Appellant's sentence reduced from 14 years to 10 years imprisonment.