F, R v

F, R v

The conviction was unsafe because the long delay rendered a fair trial impossible; crucial evidence was lost, witnesses were deceased, and the appellant was left with no material for effective cross-examination, leaving only the complainants' allegations and his denial.

Parties
Respondent: Regina; Appellant: T B F
Jurisdiction
England and Wales
Judgment Date
24 March 2011
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal allowed, conviction quashed
Legal Topics
Abuse of Process, Historic Sexual Offences, Fair Trial, Delay in Prosecution
Criminal Law Abuse of Process Historic Sexual Offences Fair Trial Delay in Prosecution

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

T B F

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether proceedings should be stayed due to long delay making a fair trial impossible
  2. 2 Whether defects in the summing up affected the safety of the conviction

Ratio Decidendi

The conviction was unsafe because the long delay rendered a fair trial impossible; crucial evidence was lost, witnesses were deceased, and the appellant was left with no material for effective cross-examination, leaving only the complainants' allegations and his denial.

Court Disposition

appeal allowed, conviction quashed

Orders

  • conviction on all counts quashed