McDonald v R

McDonald v R

The appeal was dismissed because the bad character evidence was properly admitted, the summing up was not unfair, the judge's interventions did not render the trial unsafe, the telephone evidence was admissible, there was no prosecutorial bad faith, and the sentence was justified given the seriousness of the offences.

Source-derived case information.

Parties
Appellant: Wayne McDonald; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
16 December 2011
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction and sentence dismissed
Legal Topics
Bad Character Evidence, Identification Evidence, CCTV Evidence, Judicial Summing Up, Judicial Intervention, Hearsay Evidence, Disclosure, Sentencing
Criminal Law Bad Character Evidence Identification Evidence CCTV Evidence Judicial Summing Up Judicial Intervention Hearsay Evidence Disclosure +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Wayne McDonald

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the admission of bad character evidence was proper
  2. 2 Whether the judge's summing up was unfair or deficient
  3. 3 Whether judicial interruptions prejudiced the defence

Ratio Decidendi

The appeal was dismissed because the bad character evidence was properly admitted, the summing up was not unfair, the judge's interventions did not render the trial unsafe, the telephone evidence was admissible, there was no prosecutorial bad faith, and the sentence was justified given the seriousness of the offences.

Court Disposition

Appeal against conviction and sentence dismissed