Practice and Procedure

R v KEVIN O'DOWD (2009)

PUBLISHED May 12, 2009

[2009] EWCA Crim 905

The erroneous admission of disputed bad character evidence by a trial judge had resulted in the trial of collateral issues which significantly contributed to the lengthening of a trial such that it had been very difficult for the jury to maintain focus. Accordingly, the conviction for rape, sexual assault, false imprisonment, threatening to kill and poisoning was unsafe.

CA (Crim Div) (Scott Baker LJ, Rafferty J, Beatson J)