Jones & Anor, R. v

Jones & Anor, R. v

Although Ms Pickett was wrongly treated as an expert and gave inadmissible opinion evidence, the errors did not undermine the safety of the convictions due to the strength of the principal evidence and proper jury directions.

Source-derived case information.

Parties
Appellant: Sandra Jones; Appellant: Michael Miszczak; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
30 September 2019
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Admissibility of Expert Evidence, Sexual Offences, Child Abuse, Evidence of Complaint, Counsellor Evidence
Criminal Law Admissibility of Expert Evidence Sexual Offences Child Abuse Evidence of Complaint Counsellor Evidence

Source-derived case record

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Parties

Sandra Jones

Appellant

Michael Miszczak

Appellant

Crown Prosecution Service

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the evidence of Ms Rachael Pickett was wrongly admitted as expert evidence
  2. 2 Whether the inadmissible opinion and over-emotive language in Ms Pickett's evidence undermined the safety of the convictions
  3. 3 Proper scope of counsellor evidence in criminal trials

Ratio Decidendi

Although Ms Pickett was wrongly treated as an expert and gave inadmissible opinion evidence, the errors did not undermine the safety of the convictions due to the strength of the principal evidence and proper jury directions.

Court Disposition

appeal dismissed

Orders

  • convictions upheld
  • no change to sentences