Murray v R.

Murray v R.

The alleged lies by the appellant were central to the main issue and not peripheral; the standard directions on burden and proof sufficed, and the absence of a Lucas direction did not render the conviction unsafe.

Parties
Appellant: Robert John Kenneth Murray; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
29 July 2016
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Rape, Sexual Assault, Lucas Direction, Jury Directions, Unsafe Conviction
Criminal Law Rape Sexual Assault Lucas Direction Jury Directions Unsafe Conviction

Case Brief

Summary, issues, holding and outcome

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Parties

Robert John Kenneth Murray

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in failing to give a Lucas direction regarding alleged lies by the appellant
  2. 2 Whether the absence of a Lucas direction rendered the conviction unsafe

Ratio Decidendi

The alleged lies by the appellant were central to the main issue and not peripheral; the standard directions on burden and proof sufficed, and the absence of a Lucas direction did not render the conviction unsafe.

Court Disposition

appeal dismissed

Orders

  • conviction upheld
  • no further orders