McCarthy, R v

McCarthy, R v

The judge's directions, though capable of causing confusion, did not undermine the safety of the verdict because the sole issue was whether the appellant should have seen the pedestrian, and good character evidence could not assist in resolving that issue.

Parties
Respondent: Regina; Appellant: Stacie McCarthy
Jurisdiction
England and Wales
Judgment Date
23 September 2014
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Causing Death by Careless Driving, Good Character Direction, Jury Instructions
Criminal Law Road Traffic Causing Death by Careless Driving Good Character Direction Jury Instructions

Case Brief

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Parties

Regina

Respondent

Stacie McCarthy

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge failed to provide an appropriate good character direction
  2. 2 Whether contradictory directions regarding good character evidence undermined the safety of the conviction

Ratio Decidendi

The judge's directions, though capable of causing confusion, did not undermine the safety of the verdict because the sole issue was whether the appellant should have seen the pedestrian, and good character evidence could not assist in resolving that issue.

Court Disposition

appeal dismissed