R v Ricky Malcolm Sharman

R v Ricky Malcolm Sharman

Section 78 PACE cannot be used to exclude evidence already adduced before the jury; the judge's ruling to exclude the evidence was wrong in law and unreasonable as there was no unfair prejudice to the defence and alternative remedies were available.

Parties
Applicant: Rex; Respondent: Ricky Malcolm Sharman
Jurisdiction
England and Wales
Judgment Date
23 March 2023
Procedural Posture
Criminal Appeal / Judgment on Prosecution Appeal Against Terminating Ruling
Outcome
appeal allowed
Legal Topics
Exclusion of Evidence, Fair Trial, Child Sex Offences, Section 78 Police and Criminal Evidence Act 1984, Section 58 Criminal Justice Act 2003
Criminal Law Exclusion of Evidence Fair Trial Child Sex Offences Section 78 Police and Criminal Evidence Act 1984 Section 58 Criminal Justice Act 2003

Case Brief

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Parties

Rex

Applicant

Ricky Malcolm Sharman

Respondent

Procedural Posture

Criminal Appeal / Judgment on Prosecution Appeal Against Terminating Ruling

Legal Issues

  1. 1 Whether section 78 of PACE permits exclusion of evidence already adduced
  2. 2 Whether the trial judge's ruling to exclude evidence was wrong in law or unreasonable
  3. 3 Whether lack of scrutiny of digital evidence and absence of full phone download prejudiced the fairness of the trial

Ratio Decidendi

Section 78 PACE cannot be used to exclude evidence already adduced before the jury; the judge's ruling to exclude the evidence was wrong in law and unreasonable as there was no unfair prejudice to the defence and alternative remedies were available.

Court Disposition

appeal allowed

Orders

  • ruling of trial judge reversed
  • fresh trial of Sharman ordered in Crown Court