This week’s edition considers three judgments from the Court of Appeal (Criminal Division). In Thomas the Court of Appeal considers an appeal against conviction principally based on the judge’s decision to reserve his decision on the admissibility of the appellant’s bad character evidence until the defendant chose to give evidence. In McNulty the Court of Appeal gave guidance as to the sentencing of offences of ill-treatment or neglect by a careworker. In KK the Court of Appeal considered a challenge to a judge’s decision not to discharge the remainder of the jury where one juror had conducted internet research into one of the defendant’s previous convictions.

R v Thomas [2020] EWCA Crim 4

The judgment, available here, was handed down by Green LJ on 16/01/20.

The Court of Appeal refused the appellant’s appeal against his conviction, holding that his prosecution had not been an abuse of process where the complainant had previously admitted to making a false allegation, and that the judge’s decision to defer making a decision on whether or not to admit bad character evidence until the appellant had made a decision as to whether or not to give evidence had not been improper or caused unfairness by forcing the appellant not to give evidence.

R v McNulty [2019] EWCA Crim 2081

The judgment, available here, was handed down by Holroyde LJ on 20/11/19

The Court of Appeal allowed the appellant’s appeal against sentence for two offences of ill-treatment or neglect by a care worker, giving guidance as to the seriousness of such offending.

R v KK [2019] EWCA Crim 1634

The judgment, available here, was handed down by Davis LJ on 04/10/19.

The Court of Appeal held that where a juror had conducted internet research into one defendant’s previous convictions and the judge had discharged the jury in respect of that defendant the decision to proceed in relation to the other defendants did not render their conviction unsafe.

 Home Office proposes offence of possessing terrorist propaganda

Cameras to broadcast from the Crown Court for first time

Sentencing Council report into racial and gender disparity in sentencing

Previous post Weekly Digest: 6 January 2020
Next post Weekly Digest: 26 January 2020