Sieudath, R. v [2024] EWCA Crim 489 (23 April 2024)

Sieudath, R. v [2024] EWCA Crim 489 (23 April 2024)

The only arguable ground of appeal is that the judge's interventions during the evidence of the applicant and his wife may have crossed the line into unfairness, warranting consideration by the Full Court. The other grounds—collusion and cross-admissibility—are unarguable due to lack of evidence and proper legal directions.

Citation
[2024] EWCA Crim 489
Parties
Prosecution: Rex; Applicant: Sheldon Sieudath
Jurisdiction
England and Wales
Judgment Date
23 April 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
Permission to appeal granted on limited ground
Legal Topics
Sexual Offences, Judicial Interventions, Cross Admissibility, Collusion, Appeals Procedure
Criminal Law Sexual Offences Judicial Interventions Cross Admissibility Collusion Appeals Procedure

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Parties

Rex

Prosecution

Sheldon Sieudath

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge's interventions rendered the trial unfair
  2. 2 Whether the summing-up improperly withdrew the issue of collusion from the jury
  3. 3 Whether the cross-admissibility direction was deficient

Ratio Decidendi

The only arguable ground of appeal is that the judge's interventions during the evidence of the applicant and his wife may have crossed the line into unfairness, warranting consideration by the Full Court. The other grounds—collusion and cross-admissibility—are unarguable due to lack of evidence and proper legal directions.

Court Disposition

Permission to appeal granted on limited ground

Orders

  • Audio file of the oral evidence of the applicant and his wife to be made available to the Full Court
  • Applicant's counsel to refine submissions regarding judicial interventions