Halliday, R v

Halliday, R v

The judge was correct to admit SP's evidence as bad character, prosecuting counsel's remarks did not warrant jury discharge, section 41 prevented defence evidence, evidence of applicant's prior conduct was admissible, and the sentence imposed was appropriate given planning, harm, and dangerousness.

Parties
Prosecutor: Regina; Applicant: Robert Halliday
Jurisdiction
England and Wales
Judgment Date
06 August 2019
Procedural Posture
Criminal Appeal / Renewed Applications for Leave to Appeal Against Conviction and Sentence
Outcome
renewed applications for leave to appeal against conviction and sentence refused
Legal Topics
Bad Character Evidence, Sexual Offences, Admissibility of Evidence, Dangerousness, Sentencing Guidelines, Fair Trial, Jury Discharge, Cross Examination Restrictions
Criminal Law Bad Character Evidence Sexual Offences Admissibility of Evidence Dangerousness Sentencing Guidelines Fair Trial Jury Discharge +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 8 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Prosecutor

Robert Halliday

Applicant

Procedural Posture

Criminal Appeal / Renewed Applications for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether evidence of prior acquitted offence was admissible as bad character evidence
  2. 2 Whether prosecuting counsel's remarks prejudiced the trial
  3. 3 Whether defence could adduce evidence of complainant's prior sexual behaviour

Ratio Decidendi

The judge was correct to admit SP's evidence as bad character, prosecuting counsel's remarks did not warrant jury discharge, section 41 prevented defence evidence, evidence of applicant's prior conduct was admissible, and the sentence imposed was appropriate given planning, harm, and dangerousness.

Court Disposition

renewed applications for leave to appeal against conviction and sentence refused

Orders

  • application to adduce oral evidence refused
  • conviction and sentence upheld