Naz, R. v [2017] EWCA Crim 482 (11 April 2017)

Naz, R. v [2017] EWCA Crim 482 (11 April 2017)

The cumulative effect of the judge's interventions during the evidence, particularly in the presence of the jury, gave the impression of judicial approval of the complainant's evidence and disbelief in the Appellant's account, depriving the Appellant of a fair opportunity to present her case and rendering the conviction unsafe. The summing-up could not cure the unfairness that occurred during the trial.

Citation
[2017] EWCA Crim 482
Parties
Appellant: Samah Naz; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
11 April 2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction After Retrial
Outcome
Appeal allowed; conviction quashed; retrial ordered
Legal Topics
Racially Aggravated Offences, Judicial Impartiality, Fair Trial, Judicial Intervention, Public Order Offences
Criminal Law Judicial Procedure Racially Aggravated Offences Judicial Impartiality Fair Trial Judicial Intervention Public Order Offences

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Parties

Samah Naz

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction After Retrial

Legal Issues

  1. 1 Whether the trial judge's interventions rendered the trial unfair and the conviction unsafe
  2. 2 Whether the summing-up cured any unfairness caused during the trial
  3. 3 Whether a retrial is in the public interest

Ratio Decidendi

The cumulative effect of the judge's interventions during the evidence, particularly in the presence of the jury, gave the impression of judicial approval of the complainant's evidence and disbelief in the Appellant's account, depriving the Appellant of a fair opportunity to present her case and rendering the conviction unsafe. The summing-up could not cure the unfairness that occurred during the trial.

Court Disposition

Appeal allowed; conviction quashed; retrial ordered

Orders

  • Conviction quashed
  • Retrial ordered on the same count