||All England Reporter
|| All ER (D) 450 (Jul)
||Court of Appeal, Criminal Division
Judge LJ, Rafferty J and Sir Douglas Brown
||Andrew Henley (assigned by the Registrar of Criminal Appeals) for the defendant.
||Benjamin Douglas Jones (instructed by the Crown Prosecution Service) for the Crown.
||28 July 2005
Criminal law - Trial - Judge - Whether conduct of trial judge rendering conviction unsafe.
In the circumstances of the instant case, the defendant's convictions for theft and obtaining property by deception had followed an unsatisfactory trial and were unsafe. The trial had become over-infused with what appeared to have been repeated and unnecessary demonstrations of inappropriate personal animosity towards counsel, which had involved public criticism not only of her ability, but also of her integrity. Whilst from time to time judges might become impatient, sometimes unjustifiably so, without undermining the safety of the conviction, the judge's attitude and conduct towards counsel for the defendant in the instant case had been unfair. That had interfered to a marked degree with the normal due process required at every trial, and had had the effect of damaging the defendant's confidence in the administration of justice in her case. A reading of the transcripts showed that the perception of any reasonable observer present at the trial would have been similarly damaged.
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