Marsh, R v

Marsh, R v

The conviction was not unsafe as the evidence in question was admitted by agreement, was relevant to the issues of control and planning, jury directions were adequate, and fresh evidence would not have affected the outcome. The prosecution acted properly regarding privilege waiver, and the compelling nature of the text and telephone evidence was not undermined.

Parties
Respondent: R; Appellant: Stephen Marsh
Jurisdiction
England and Wales
Judgment Date
21 December 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Bad Character Evidence, Admissibility of Evidence, Jury Directions, Co Accused Testimony, Legal Professional Privilege, Fresh Evidence, Alibi, Sexual Conduct Evidence
Criminal Law Bad Character Evidence Admissibility of Evidence Jury Directions Co Accused Testimony Legal Professional Privilege Fresh Evidence Alibi +1 more

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Parties

R

Respondent

Stephen Marsh

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether 'bad character' evidence was wrongly admitted
  2. 2 Adequacy of jury directions regarding bad character evidence
  3. 3 Reliability and credibility of co-accused testimony

Ratio Decidendi

The conviction was not unsafe as the evidence in question was admitted by agreement, was relevant to the issues of control and planning, jury directions were adequate, and fresh evidence would not have affected the outcome. The prosecution acted properly regarding privilege waiver, and the compelling nature of the text and telephone evidence was not undermined.

Court Disposition

appeal dismissed