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England and Wales decisions
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The High Court quashed the revocation of Moon Fish Limited’s sponsor licence, holding that the Home Office misread Annex C1(aa) and acted unfairly.
HEF, R. v [2026] EWCA Crim 172 (06 February 2026)
The Court of Appeal dismissed a youth defendant’s appeal against convictions for rape and sexual offences, rejecting arguments about adverse inference and consent directions.
The Court of Appeal dismissed appeals against criminal damage convictions arising from Extinction Rebellion protest activity and rejected claims of jury misdirection.
Selvage, R. v [2025] EWCA Crim 1536 (20 August 2025)
The Court of Appeal quashed Robert Selvage’s conviction for breaching a restraining order after finding the jury was wrongly directed on reasonable excuse.
The judge's misdirection regarding the frequency of offending in specimen counts did not undermine the integrity of the jury verdicts. The convictions are safe, but sentencing must proceed on the basis that offending occurred on one occasion per count, not at least five.
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The conviction for manslaughter is unsafe because the judge failed to specify the base offence and its elements, and the jury were not directed to consider the factual and mental elements required to prove common assault. The prosecution case was insufficient even to be left to the jury, and there was no proper basis for conviction.
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The trial judge erred by giving a section 34 direction permitting the jury to draw an adverse inference against the appellant without identifying any specific facts not mentioned by the appellant but relied on in his defence, and without evidential foundation. This misdirection was material and rendered the conviction unsafe, particularly as it disadvantaged the appellant and advantaged the co-accused.
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Once the jury were sure the appellant sent the relevant messages, the evidence established he was actively concerned in the supply of controlled drugs, not merely making offers; thus, the conviction was safe despite the judge's misdirection.
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The Privy Council held that combined misdirections on intention, premeditation, and the evidence caused a serious irregularity, quashing a Mauritius murder conviction.
Marsden, R. v [2023] EWCA Crim 1610 (16 November 2023)
The Court of Appeal quashed Scott Marsden’s conviction for assault occasioning actual bodily harm after finding an unsafe section 34 adverse inference direction.
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