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England and Wales decisions
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The Court of Appeal upheld a conviction for perverting the course of public justice, finding the judge’s interventions in cross-examination were proper and fair.
Mohammed, R. v [2026] EWCA Crim 340 (05 March 2026)
The Court of Appeal upheld Riaz Mohammed’s drug-conspiracy convictions, holding the judge was right to refuse the jury copies of defence speeches and no unfairness arose.
Toloui, R. v [2025] EWCA Crim 1599 (20 November 2025)
The Court of Appeal dismissed appeals by Rebecca and Simon Toloui against fraud convictions, holding that the Recorder’s interventions did not deprive them of a fair trial.
The court held that there was no substance to the disclosure complaint, as extensive disclosure had been made and no targeted request was pursued; the summing-up was fair and balanced given the nature of the evidence; and the sentence, though stern, was justified by the seriousness, multiplicity, and duration of the offending, as well as the applicant's dangerousness. The references to the applicant's occupation as a police officer were legitimate in assessing harm and culpability. None of the grounds of appeal were arguable.
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Consent was not in issue at trial, as the defence was a complete denial and no alternative case on consent was put to the complainant or raised in evidence. The judge was not required to sum up on consent, and the directions given did not render the conviction unsafe.
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Butkus, R. v [2025] EWCA Crim 441 (01 April 2025)
The Court of Appeal refused leave to appeal against a cocaine-importation conviction, holding that the Recorder’s comments on organised crime did not make the conviction unsafe.
White, R. v [2025] EWCA Crim 426 (26 March 2025)
The Court of Appeal Criminal Division dismissed Joshua White’s appeal against conviction for sexual assault of a child under 13, finding the summing up and jury response fair.
Danks, R. v [2024] EWCA Crim 1592 (10 December 2024)
The Court of Appeal refused renewal of leave to appeal against conviction for conspiracy to handle stolen goods, rejecting complaints about interview evidence, directions, conduct, and summing up.
The cumulative effect of the Recorder's comments, which were repeatedly adverse to the defence and not sufficiently balanced by reminders of material defence evidence, created an unfairly unbalanced summing-up. This gave rise to a real risk that the jury would perceive the judge as favouring the prosecution, undermining the safety of the convictions. The convictions on all counts (except the count to which the appellant pleaded guilty) were therefore quashed.
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Kaur, R. v [2024] EWCA Crim 795 (12 July 2024)
The Court of Appeal refused Narinder Kaur’s renewed application for leave to appeal against conviction, rejecting claims of judicial bias, defective summing up, and flawed rulings.
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