Moore, R. v [2023] EWCA Crim 1685 (01 December 2023)
The judge's unsolicited indication of sentence before the appellant was present, and absent any request from the appellant, constituted improper judicial pressure, rendering the guilty pleas unsafe. Additionally, the conviction on count 3 was unsustainable as the notification requirement had expired before the alleged offence.
- Citation
- [2023] EWCA Crim 1685
- Parties
- Prosecution: Rex; Appellant: Thomas Moore
- Jurisdiction
- England and Wales
- Judgment Date
- 01 December 2023
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction
- Outcome
- convictions quashed, no retrial ordered
- Legal Topics
- Plea Procedure, Judicial Pressure, Sexual Harm Prevention Order, Notification Requirements, Unsafe Conviction, Goodyear Indication
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Thomas Moore
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 Whether the appellant's guilty pleas to breaches of a Sexual Harm Prevention Order were vitiated by improper judicial pressure
- 2 Whether the conviction for failure to comply with notification requirements was legally sustainable
Ratio Decidendi
The judge's unsolicited indication of sentence before the appellant was present, and absent any request from the appellant, constituted improper judicial pressure, rendering the guilty pleas unsafe. Additionally, the conviction on count 3 was unsustainable as the notification requirement had expired before the alleged offence.
Court Disposition
convictions quashed, no retrial ordered
Orders
- All convictions on each count quashed
- No retrial to be held on any count
Full Case Text
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