R v Robert Selvage
The conviction was quashed because the jury was misdirected as to the burden and standard of proof for the reasonable excuse defence; the prosecution should have been required to prove beyond reasonable doubt that the defendant had no reasonable excuse, and the misdirection rendered the conviction unsafe.
- Parties
- Prosecution: Rex; Appellant: Robert Selvage
- Jurisdiction
- England and Wales
- Judgment Date
- 28 November 2025
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction; Application for Retrial
- Outcome
- conviction quashed; retrial ordered
- Legal Topics
- Breach of Restraining Order, Reasonable Excuse Defence, Burden and Standard of Proof, Retrial Procedure, Bail Conditions
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Robert Selvage
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Conviction; Application for Retrial
Legal Issues
- 1 Whether the trial judge misdirected the jury on the burden and standard of proof for the reasonable excuse defence under section 363 of the Sentencing Act 2020
- 2 Whether the conviction is unsafe due to the misdirection
- 3 Whether a retrial should be ordered
Ratio Decidendi
The conviction was quashed because the jury was misdirected as to the burden and standard of proof for the reasonable excuse defence; the prosecution should have been required to prove beyond reasonable doubt that the defendant had no reasonable excuse, and the misdirection rendered the conviction unsafe.
Court Disposition
conviction quashed; retrial ordered
Orders
- Conviction on the single count quashed
- Order for retrial on the same count
Full Case Text
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