Green v R

Green v R

The judge's directions regarding the complainant's character and his comments on the medical evidence, taken together, undermined the appellant's credibility and enhanced the complainant's credibility unfairly, thereby rendering the conviction unsafe.

Source-derived case information.

Parties
Appellant: Travis Green; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
07 November 2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal allowed; conviction quashed; retrial refused
Legal Topics
Indecent Assault, Sexual Offences, Jury Directions, Good Character Direction, Unsafe Conviction
Criminal Law Indecent Assault Sexual Offences Jury Directions Good Character Direction Unsafe Conviction

Source-derived case record

Summary, issues, holding and outcome

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Parties

Travis Green

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the judge's directions to the jury regarding the complainant's character and the medical evidence rendered the conviction unsafe
  2. 2 Whether the summing-up by the trial judge undermined the appellant's credibility and enhanced the complainant's credibility unfairly

Ratio Decidendi

The judge's directions regarding the complainant's character and his comments on the medical evidence, taken together, undermined the appellant's credibility and enhanced the complainant's credibility unfairly, thereby rendering the conviction unsafe.

Court Disposition

appeal allowed; conviction quashed; retrial refused

Orders

  • conviction quashed
  • Crown's application for retrial refused