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England and Wales decisions
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Horswill, R. v [2026] EWCA Crim 181 (06 February 2026)
The Court of Appeal upheld a murder conviction, finding the judge was entitled to exclude disputed bad character evidence of the deceased and control its use at trial.
The evidence of the appellant's communications with sex workers was relevant to the issues of his intent and mindset on the night in question and was properly admitted under section 101(1)(d) of the Criminal Justice Act 2003. The probative value outweighed any prejudicial effect, and the conviction was safe.
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The mother proved, on balance of probabilities, four specific incidents of abuse and a wider pattern of controlling and coercive behaviour by the father. The father's evidence was inconsistent, lacking detail, and not credible. Propensity evidence from police disclosure corroborated the mother's account. The father's counter-allegations against the mother were not substantiated and were reactive to his own abusive conduct.
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The Court of Appeal upheld a murder and wounding conviction, holding that limited bad character evidence was properly admitted and the jury directions were sufficient.
Baroness Lawrence & Ors v Associated Newspapers Ltd (Rev1) [2025] EWHC 2573 (KB) (10 October 2025)
The High Court partly allowed amendments and struck out broad generic and Ward allegations, holding that propensity evidence must be specific, relevant, and probative.
Baroness Lawrence & Ors v Associated Newspapers Ltd [2025] EWHC 1716 (KB) (11 July 2025)
Second case management judgment in privacy claims against Associated Newspapers, addressing disclosure, redactions, limitation-related issues, and the proper scope of the litigation.
On the balance of probabilities, F was found to be the perpetrator of the non-accidental posterior rib fracture to R, based on established propensity for violent behaviour, excessive drug and alcohol use, and circumstantial evidence during the relevant period; the injury was not related to R’s death, which was caused by overlaying during co-sleeping while intoxicated. The care plan placing A and J with paternal grandparents was endorsed as being in their best interests.
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The judge failed to conduct an effective rehearing of the 2020 injuries, did not properly take into account the implications of findings against the parents when considering other allegations, and misapplied the law on propensity and hindsight bias. The findings were set aside and the matter remitted for rehearing.
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The evidence of the previous acquittal was relevant and its admission did not render the trial unfair, as sufficient material was available and the judge gave appropriate directions. The cumulative effect of the admitted evidence did not create undue complexity or distract the jury. The sentence imposed was not manifestly excessive or wrong in principle given the overall criminality and harm.
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Lancashire County Council v M & Ors [2023] EWHC 3097 (Fam) (01 December 2023)
Fact-finding in care proceedings concerning a baby’s death and an older rib fracture. The court found non-accidental injury, but not the perpetrator.
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