Burnett, R v

Burnett, R v

The judge did not materially misdirect the jury on section 35, lies, bad character, or cross-admissibility; any errors were not sufficient to render the conviction unsafe. However, the sentence imposed was manifestly excessive given the appellant's age, health, and the non-penetrative nature of the offences. The appropriate sentence is eight years' imprisonment.

Parties
Prosecutor: Regina; Appellant: William Burnett
Jurisdiction
England and Wales
Judgment Date
06 December 2016
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
appeal against conviction dismissed; appeal against sentence allowed
Legal Topics
Sexual Offences, Indecent Assault, Jury Directions, Adverse Inference, Bad Character Evidence, Cross Admissibility, Sentencing
Criminal Law Sexual Offences Indecent Assault Jury Directions Adverse Inference Bad Character Evidence Cross Admissibility Sentencing

Case Brief

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Parties

Regina

Prosecutor

William Burnett

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in giving a section 35 direction regarding adverse inference from the appellant's silence
  2. 2 Whether the judge's direction on lies complied with the Lucas standard
  3. 3 Whether the judge properly directed the jury on the bad character of prosecution witnesses

Ratio Decidendi

The judge did not materially misdirect the jury on section 35, lies, bad character, or cross-admissibility; any errors were not sufficient to render the conviction unsafe. However, the sentence imposed was manifestly excessive given the appellant's age, health, and the non-penetrative nature of the offences. The appropriate sentence is eight years' imprisonment.

Court Disposition

appeal against conviction dismissed; appeal against sentence allowed

Orders

  • Conviction upheld
  • Sentence of 15 years' imprisonment quashed