Breeze, R. v [2009] EWCA Crim 255 (27 January 2008)

Breeze, R. v [2009] EWCA Crim 255 (27 January 2008)

The repeated and unbalanced emphasis by the trial judge on the complainant's credibility and the prosecution's case in the summing-up, without adequate reference to the defence arguments, rendered the summing-up unbalanced and the convictions unsafe.

Citation
[2009] EWCA Crim 255
Parties
Respondent: Regina; Appellant: Steven Breeze
Jurisdiction
England and Wales
Judgment Date
27 January 2008
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed; convictions quashed; no retrial ordered.
Legal Topics
Rape, Indecent Assault, Judicial Directions, Summing Up, Historical Sexual Abuse, Appeal Procedure
Criminal Law Rape Indecent Assault Judicial Directions Summing Up Historical Sexual Abuse Appeal Procedure

Case Brief

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Parties

Regina

Respondent

Steven Breeze

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge's summing-up was unbalanced and rendered the conviction unsafe
  2. 2 Whether failure to edit prejudicial material from police interviews affected the fairness of the trial
  3. 3 Whether failure to direct the jury on the legal status of the complainant's prior complaint was material

Ratio Decidendi

The repeated and unbalanced emphasis by the trial judge on the complainant's credibility and the prosecution's case in the summing-up, without adequate reference to the defence arguments, rendered the summing-up unbalanced and the convictions unsafe.

Court Disposition

Appeal allowed; convictions quashed; no retrial ordered.

Orders

  • Convictions quashed
  • No retrial to be ordered