In this week’s Digest, the Court of Appeal quashed one of the twelve convictions of the entertainer Rolf Harris; Sir Brian Leveson P observed that the Ghosh test was unlikely to be applied again following the Supreme Court decision in Ivey v Genting; and the Divisional Court considered extradition to Russia.

 

R v Rolf Harris [2017] EWCA (Crim) 1849

The judgment, available here, was handed down on 16.11.17 by Treacy LJ, sitting in the Court of Appeal (Criminal Division).

This was a renewed application for leave to appeal against the appellant’s conviction on 12 counts of indecent assault. The applicant sought to challenge this convictions on three grounds: (i) fresh evidence undermined the credibility of witnesses (WR and TL) to such an extent that the convictions on those counts were unsafe; (ii)  the conviction on counts 10 to 12 were unsafe because of a lack of disclosure on the part of the prosecution in relation to a witness (TL); and (iii) if the convictions on any of the counts were found to be unsafe, the convictions on the remaining counts were unsafe given the judge’s directions in summing up as to cross-admissibility.  The appeal was allowed in respect of count 1 and that conviction was quashed; it was dismissed in respect of the other counts.

 

R v Fletcher [2017] EWCA (Crim) 1778

The judgment, available here, was handed down on 15.11.17 by Davis LJ sitting in the Court of Appeal (Criminal Division).

This appeal concerned the safety of a number of convictions for indecent assault on the basis of inconsistency between the jury’s verdicts. Of eight counts on the indictment, the appellant was convicted of two and contended on appeal that the jury’s verdicts on the two counts on which he was convicted were wholly inexplicable in light of their verdict in respect of the other six. The appeal was dismissed. The applicable legal principles placed an onerous burden on the appellant which had not been discharged.

 

Aline Loake v Crown Prosecution Service [2017] EWHC 2855 (Admin)

The judgment, available here, was handed down on the 16.11.17.

The issue in this appeal by way of case stated was whether the defence of insanity could be raised where the defendant was accused of harassment contrary to s. 2 of the Protection from Harassment Act 1997. It was held that insanity was available as a defence as it was in respect of all other criminal offences.

Martyn Bowyer was instructed for the Respondent.

 

Director of Public Prosecutions v Vicky Patterson [2017] EWHC 2820 (Admin)

The judgment, available here, was handed down by Sir Brian Leveson P, sitting in the Administrative Court on 2.11.17.

This was an appeal by way of case stated from a decision of the magistrates sitting in Great Yarmouth dismissing, on the basis there was no case to answer, two charges of theft brought against the respondent. The magistrates had mistreated the subjective view of the respondent on dishonesty. Although the recent remarks of the Supreme Court (Ivey v Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC 67) on the test to be applied for dishonesty were strictly obiter, it was unlikely that R v Ghosh [1982] QB 1053 would now be favoured over Ivey and Ivey represented the law. It was clear that there was a case to answer.

 

Zarmaev v The Government of the Russian Federation [2017] EWHC 2705 (Admin)

The judgment, available here, was handed down by Hickinbottom LJ sitting in the Administrative Court on 02.11.17.

This was an appeal under s. 103 of the Extradition Act 2003 against the decision to send the appellant’s case to the Secretary of State for her decision on whether the appellant should be extradited to the Russian Federation. The appellant adduced fresh evidence to the effect that extradition for trial in Russia would effectively deprive him of his right to a fair trial under art. 6 ECHR. The fresh evidence was admitted and the appellant’s case was remitted to the magistrates’ court for determination of whether extradition would be compatible with art. 3 and art. 6 of the ECHR.

 

R (on the application of Michael Goldsworthy) v Secretary of State for Justice [2017] EWHC 2822 (Admin)

The judgment, available here, was handed down by Dinah Rose QC, sitting as a Deputy High Court Judge in the Administrative Court on 13.11.17.

The claimant sought to challenge the defendant’s decision to recall him to prison on the basis that it was disproportionate and unreasonable and, consequently, his detention was unlawful at common law and under Article 5 of the ECHR. The claim succeeded. The decision could not be rationally sustained because it failed to take account of obviously relevant considerations and failed properly to apply the defendant’s own policy guidance regarding when a decision should be made to recall an offender to prison.

 

In the news 

Lord Hutchinson of Lullington obituary

 

UK calls for ‘greater clarity’ on ICC’s new crime of aggression

  

Serious Fraud Office charges two Unaoil executives with bribery

 

Calls for radical reform of Scottish system for rape prosecutions

 

Tagging scheme hit by fresh delays

 

 

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