SB, R. v

SB, R. v

The judge was entitled to leave the case to the jury as there was sufficient evidence for consideration, and the summing-up adequately addressed reliability concerns. The failure to give a specific direction did not render the conviction unsafe. The sentence of imprisonment for public protection was not justified as the dangerousness criterion was not met; a determinate sentence sufficed.

Parties
Appellant: SB; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
27 October 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; appeal against sentence allowed in part
Legal Topics
Rape, Dangerousness, Imprisonment for Public Protection, Jury Directions, Reliability of Witness, Expert Evidence
Criminal Law Rape Dangerousness Imprisonment for Public Protection Jury Directions Reliability of Witness Expert Evidence

Case Brief

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Parties

SB

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the judge was wrong to reject a submission of no case to answer
  2. 2 Whether the judge failed to give a proper direction regarding caution on uncorroborated evidence
  3. 3 Whether the sentence of imprisonment for public protection was appropriate

Ratio Decidendi

The judge was entitled to leave the case to the jury as there was sufficient evidence for consideration, and the summing-up adequately addressed reliability concerns. The failure to give a specific direction did not render the conviction unsafe. The sentence of imprisonment for public protection was not justified as the dangerousness criterion was not met; a determinate sentence sufficed.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed in part

Orders

  • Sentence of imprisonment for public protection quashed
  • Substituted determinate sentence of eight years' imprisonment (less 585 days served)