Saint, R v [2010] EWCA Crim 1924 (30 July 2010)

Saint, R v [2010] EWCA Crim 1924 (30 July 2010)

The admission of bad character evidence was wrong as it did not satisfy the statutory test for important explanatory evidence and was highly prejudicial with minimal probative value. This rendered the conviction unsafe.

Source-derived case information.

Citation
[2010] EWCA Crim 1924
Parties
Prosecution: R; Appellant: Robert Saint
Jurisdiction
England and Wales
Judgment Date
30 July 2010
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
conviction quashed
Legal Topics
Bad Character Evidence, False Imprisonment, Indecent Assault, Rape, Admissibility of Evidence, Summing Up, Unsafe Conviction
Criminal Law Bad Character Evidence False Imprisonment Indecent Assault Rape Admissibility of Evidence Summing Up Unsafe Conviction

Source-derived case record

Summary, issues, holding and outcome

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Parties

R

Prosecution

Robert Saint

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the admission of bad character evidence rendered the conviction unsafe
  2. 2 Whether the judge's summing up regarding Police Constable Whyatt's evidence was adequate
  3. 3 Whether other aspects of the summing up caused injustice

Ratio Decidendi

The admission of bad character evidence was wrong as it did not satisfy the statutory test for important explanatory evidence and was highly prejudicial with minimal probative value. This rendered the conviction unsafe.

Court Disposition

conviction quashed

Orders

  • If the Crown seeks a retrial, the court's provisional view is to grant one, subject to further submissions from the parties.