Saint, R v

Saint, R v

The admission of bad character evidence relating to the appellant's nocturnal habits and sexual interests was improper as it did not satisfy the statutory test for important explanatory evidence, was highly prejudicial, and its probative value was low. This rendered the conviction unsafe.

Parties
Respondent: R; Appellant: Robert Saint
Jurisdiction
England and Wales
Judgment Date
30 July 2010
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed, conviction quashed
Legal Topics
Bad Character Evidence, Admissibility of Evidence, False Imprisonment, Indecent Assault, Rape, Jury Directions, Summing Up
Criminal Law Bad Character Evidence Admissibility of Evidence False Imprisonment Indecent Assault Rape Jury Directions Summing Up

Case Brief

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Parties

R

Respondent

Robert Saint

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in admitting bad character evidence under section 101(1)(c) of the Criminal Justice Act 2003
  2. 2 Whether the summing up in relation to the evidence of PC Whyatt was inadequate
  3. 3 Whether other aspects of the summing up rendered the conviction unsafe

Ratio Decidendi

The admission of bad character evidence relating to the appellant's nocturnal habits and sexual interests was improper as it did not satisfy the statutory test for important explanatory evidence, was highly prejudicial, and its probative value was low. This rendered the conviction unsafe.

Court Disposition

Appeal allowed, conviction quashed

Orders

  • Conviction quashed due to unsafe admission of bad character evidence
  • Provisional view to grant retrial if sought by the Crown, subject to further submissions