Francis, R. v

Francis, R. v

The trial judge was correct in refusing to admit the bad character evidence as it lacked substantial probative value given the age, nature, and lack of similarity to the current incident. The conviction was safe based on independent evidence of the appellant's aggressive behaviour.

Source-derived case information.

Parties
Respondent: Regina; Appellant: Robert Francis
Jurisdiction
England and Wales
Judgment Date
19 November 2013
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Bad Character Evidence, Assault Occasioning Actual Bodily Harm, Affray, Jury Directions
Criminal Law Bad Character Evidence Assault Occasioning Actual Bodily Harm Affray Jury Directions

Source-derived case record

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Parties

Regina

Respondent

Robert Francis

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in refusing to admit bad character evidence against prosecution witnesses under section 100 of the Criminal Justice Act 2003
  2. 2 Whether the conviction was unsafe due to exclusion of bad character evidence
  3. 3 Whether the judge should have directed the jury on the lawfulness of arrest and reasonable force

Ratio Decidendi

The trial judge was correct in refusing to admit the bad character evidence as it lacked substantial probative value given the age, nature, and lack of similarity to the current incident. The conviction was safe based on independent evidence of the appellant's aggressive behaviour.

Court Disposition

appeal dismissed

Orders

  • conviction upheld