Practice and Procedure

R v PETER KANE (2013)

PUBLISHED July 30, 2013

[2013] EWCA Crim 1487

A defendant had not received a fair trial where the judge had granted an application to admit extensive quantities of bad character material on the basis that the jury had to be in a position to assess his criminal character. The material was of minimal relevance to the offence being tried; the judge had failed to identify how it could legitimately be introduced under the Criminal Justice Act 2003 s.101(1)(d); and he had not confronted the point that the sheer detail and extent of the evidence was bound to be immensely prejudicial to the defendant.

CA (Crim Div) (Davis LJ, Nicola Davies J, Judge Bevan QC)