E, R. v [2018] EWCA Crim 2426 (01 November 2018)

E, R. v [2018] EWCA Crim 2426 (01 November 2018)

The judge's decision to stay the prosecution was not reasonably open to him because the loss of the complainant's phone data did not render a fair trial impossible; the trial process and available evidence could address any potential unfairness, and there was no sufficient basis to infer that the missing material would have been critical to the defence.

Citation
[2018] EWCA Crim 2426
Parties
Appellant: The Queen; Respondent: E
Jurisdiction
England and Wales
Judgment Date
01 November 2018
Procedural Posture
Criminal Appeal / Appeal Against Terminating Ruling (stay of Proceedings) From Crown Court
Outcome
Appeal allowed; stay reversed; proceedings to resume before a different judge.
Legal Topics
Abuse of Process, Disclosure, Fair Trial, Sexual Offences, Police Investigations, Digital Evidence
Criminal Law Criminal Procedure Abuse of Process Disclosure Fair Trial Sexual Offences Police Investigations Digital Evidence

Case Brief

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Parties

The Queen

Appellant

E

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Terminating Ruling (stay of Proceedings) From Crown Court

Legal Issues

  1. 1 Whether failure to seize and examine complainant's mobile phone constituted a breach of duty by investigators
  2. 2 Whether the loss of potential evidence from the phone rendered a fair trial impossible
  3. 3 Whether the trial judge's decision to stay proceedings was a reasonable exercise of discretion

Ratio Decidendi

The judge's decision to stay the prosecution was not reasonably open to him because the loss of the complainant's phone data did not render a fair trial impossible; the trial process and available evidence could address any potential unfairness, and there was no sufficient basis to infer that the missing material would have been critical to the defence.

Court Disposition

Appeal allowed; stay reversed; proceedings to resume before a different judge.

Orders

  • Leave to appeal granted.
  • Terminating ruling (stay) reversed.