R v HGF

R v HGF

The judge was entitled to stay proceedings as the police failure to obtain central CCTV evidence deprived the respondent of his primary means of challenging the complainant's credibility, causing serious prejudice and rendering a fair trial impossible.

Parties
Applicant: Rex; Respondent: H G F
Jurisdiction
England and Wales
Judgment Date
22 April 2026
Procedural Posture
Criminal Appeal / Prosecution Appeal Against Stay of Proceedings
Outcome
appeal dismissed
Legal Topics
Abuse of Process, Sexual Offences, Fair Trial, Police Investigation, Evidence Disclosure
Criminal Law Abuse of Process Sexual Offences Fair Trial Police Investigation Evidence Disclosure

Case Brief

Summary, issues, holding and outcome

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Parties

Rex

Applicant

H G F

Respondent

Procedural Posture

Criminal Appeal / Prosecution Appeal Against Stay of Proceedings

Legal Issues

  1. 1 Whether the police failure to secure CCTV footage amounted to an abuse of process
  2. 2 Whether the absence of CCTV evidence rendered a fair trial impossible
  3. 3 Whether the judge's stay of proceedings was justified under the first limb of abuse of process

Ratio Decidendi

The judge was entitled to stay proceedings as the police failure to obtain central CCTV evidence deprived the respondent of his primary means of challenging the complainant's credibility, causing serious prejudice and rendering a fair trial impossible.

Court Disposition

appeal dismissed

Orders

  • Stay of proceedings upheld; no further trial to proceed.