Oldfield, R. v [2011] EWCA Crim 2910 (22 November 2011)

Oldfield, R. v [2011] EWCA Crim 2910 (22 November 2011)

There was no real possibility of bias as the judge's relationship with the appellant's former counsel was minimal and professional; the judge was able to evaluate the evidence impartially. The appellant's guilty plea was voluntary and not the result of undue pressure. The sentence imposed was manifestly excessive and should be reduced.

Citation
[2011] EWCA Crim 2910
Parties
Appellant: Ryan Alexander Oldfield; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
22 November 2011
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; appeal against sentence allowed in part
Legal Topics
Rape, Assault by Penetration, Theft, Change of Plea, Apparent Bias, Sentencing
Criminal Law Rape Assault by Penetration Theft Change of Plea Apparent Bias Sentencing

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Parties

Ryan Alexander Oldfield

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge should have recused himself due to apparent bias arising from professional acquaintance with prosecution witness (former counsel)
  2. 2 Whether the appellant should have been allowed to withdraw his guilty plea to counts of rape and assault by penetration
  3. 3 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

There was no real possibility of bias as the judge's relationship with the appellant's former counsel was minimal and professional; the judge was able to evaluate the evidence impartially. The appellant's guilty plea was voluntary and not the result of undue pressure. The sentence imposed was manifestly excessive and should be reduced.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed in part

Orders

  • Conviction stands
  • Sentence reduced to 5 years' detention, less time spent in custody on remand and half the time spent under curfew