Bright, R v

Bright, R v

The trial judge correctly exercised discretion in excluding irrelevant hearsay evidence, gave proper directions on alibi, credibility, and character, and adequately addressed the effect of delay. The convictions were safe, but the total sentence was excessive and reduced to 4½ years imprisonment.

Parties
Respondent: Regina; Appellant: Vivian David Bright
Jurisdiction
England and Wales
Judgment Date
25 July 2003
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeal against conviction dismissed; appeal against sentence allowed in part
Legal Topics
Indecent Assault, Indecency With a Child, Hearsay Evidence, Character Evidence, Delay in Prosecution, Jury Directions
Criminal Law Indecent Assault Indecency With a Child Hearsay Evidence Character Evidence Delay in Prosecution Jury Directions

Case Brief

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Parties

Regina

Respondent

Vivian David Bright

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 admissibility of hearsay evidence from a non-attending witness
  2. 2 proper jury directions regarding alibi and credibility
  3. 3 character evidence and its relevance

Ratio Decidendi

The trial judge correctly exercised discretion in excluding irrelevant hearsay evidence, gave proper directions on alibi, credibility, and character, and adequately addressed the effect of delay. The convictions were safe, but the total sentence was excessive and reduced to 4½ years imprisonment.

Court Disposition

appeal against conviction dismissed; appeal against sentence allowed in part

Orders

  • total sentence reduced from 7 years to 4½ years imprisonment
  • sentences on Counts 2-6 reduced from 3 years to 2 years each