SUMMING-UP

[2019] EWCA Crim 545 [2019] EWCA Crim 545

The jury directions given at the trial of a well-known publicist for historical sexual offences had not been inadequate or unfair, and his conviction for indecent assault was safe.

A judge’s summing up had not been so unbalanced as to render a defendant’s conviction for buggery unsafe.

[2018] EWCA Crim 2606 [2018] EWCA Crim 2606

Although a judge had unnecessarily and improperly intervened during a defendant’s examination-in-chief, the interventions were not so significant as to materially impair the defendant’s ability to put his case before the jury. The judge’s interventions, combined with deficiencies in his summing-up, had not deprived the defendant of a fair trial.

It was best practice for a judge to direct a jury before the cross-examination of a vulnerable witness that limitations had been placed on the defence counsel and to explain after the cross-examination the type of issues which the defendant would have wished to explore in further detail. Such directions should be repeated in the summing up.

[2018] EWCA Crim 2083 [2018] EWCA Crim 2083

Although a judge’s summing up of identification evidence had been deficient in places, the totality of the evidence, which included cell site evidence placing the offender at the murder scene and a text message suggesting that he was with a co-defendant, meant that the conviction for murder was safe. The judge had been entitled to reject the submission of no case to answer.