S & H v R [2011] EWCA Crim 2872 (13 December 2011)

S & H v R [2011] EWCA Crim 2872 (13 December 2011)

Section 46, as interpreted, is not incompatible with the ECHR; it is neither vague nor uncertain and requires full subjective mens rea. Bad character evidence relating to customers is admissible as it is relevant to the alleged facts of the offence.

Citation
[2011] EWCA Crim 2872
Parties
Appellant: S; Appellant: H; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
13 December 2011
Procedural Posture
Criminal Appeal / Appeal Against Preparatory Hearing Ruling
Outcome
Appeal dismissed
Legal Topics
Inchoate Offences, Encouraging or Assisting Crime, Compatibility With ECHR, Bad Character Evidence, Section 46 Serious Crime Act 2007
Criminal Law Human Rights Law Inchoate Offences Encouraging or Assisting Crime Compatibility With ECHR Bad Character Evidence Section 46 Serious Crime Act 2007

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Parties

S

Appellant

H

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Preparatory Hearing Ruling

Legal Issues

  1. 1 Whether section 46 of the Serious Crime Act 2007 is compatible with Article 7 ECHR
  2. 2 Interpretation and application of section 46
  3. 3 Admissibility of bad character evidence under Criminal Justice Act 2003

Ratio Decidendi

Section 46, as interpreted, is not incompatible with the ECHR; it is neither vague nor uncertain and requires full subjective mens rea. Bad character evidence relating to customers is admissible as it is relevant to the alleged facts of the offence.

Court Disposition

Appeal dismissed

Orders

  • Judge's decision confirmed
  • Indictment should be amended to avoid problems by splitting into counts for class A and class B drugs