Matthews, R. v

Matthews, R. v

The appeal was dismissed because the court found no unfairness in the conduct of the retrial, the evidence was properly admitted, the judge's conduct did not amount to bias, and the sentence was not manifestly excessive given the seriousness of the offence.

Parties
Prosecution: Regina; Appellant: Shane Matthews
Jurisdiction
England and Wales
Judgment Date
23 November 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeal dismissed
Legal Topics
MTIC Fraud, Cheating the Public Revenue, Admissibility of Previous Convictions, Fair Trial, Judicial Bias, Criminal Justice Act 2003, Criminal Procedure Rules 2010, Company Directors Disqualification
Criminal Law Tax Law MTIC Fraud Cheating the Public Revenue Admissibility of Previous Convictions Fair Trial Judicial Bias Criminal Justice Act 2003 +2 more

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Parties

Regina

Prosecution

Shane Matthews

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant received a fair trial at retrial
  2. 2 Whether the admission of previous convictions of others was proper
  3. 3 Whether the judge's conduct demonstrated bias or unfairness

Ratio Decidendi

The appeal was dismissed because the court found no unfairness in the conduct of the retrial, the evidence was properly admitted, the judge's conduct did not amount to bias, and the sentence was not manifestly excessive given the seriousness of the offence.

Court Disposition

appeal dismissed

Orders

  • Conviction upheld
  • Sentence of 7 years' imprisonment and 6 years' disqualification under the Company Directors Disqualification Act 1986 confirmed