R v Scott Marsden
[2023] EWCA Crim 1610
R v Anthony Reid
6 February 2024
[2024] EWCA Crim 308
Court of Appeal
A prisoner was convicted of assaulting another prisoner. He fired his lawyer and represented himself, leading to a series of errors by the judge in how evidence was handled. The Court of Appeal overturned the conviction because the prisoner didn't get a fair trial, and refused a retrial because he'd already served his sentence.
Key Facts
- •Anthony Reid was convicted of assault occasioning actual bodily harm (s. 47 Offences against the Person Act 1861) at Norwich Crown Court.
- •The incident involved throwing liquid at a fellow prisoner, Scott Forrester, at HMP Wayland.
- •Reid initially denied causing injury, claiming he threw coffee, not boiling water.
- •Reid dismissed his trial counsel and represented himself, leading to various procedural issues.
- •The prosecution relied on Reid's extensive criminal history, including previous convictions for violence.
- •The judge admitted evidence from Reid's prison record, including unproven allegations.
- •Reid waived legal professional privilege, allowing cross-examination on solicitor's notes.
Legal Principles
Right to a fair trial
Article 6 European Convention on Human Rights
Rules regarding bad character evidence (s. 105 Criminal Justice Act 2003)
Criminal Justice Act 2003
Legal professional privilege
Common law
Section 78 Police and Criminal Evidence Act 1984 (exclusion of evidence)
Police and Criminal Evidence Act 1984
Legal representation and the implications of a defendant choosing to represent themselves
R v Nguyen [2022] EWCA Crim 1444
Outcomes
Appeal allowed; conviction quashed.
The applicant was denied a fair trial due to several serious deficiencies in the trial's conduct, including the handling of his decision to dispense with counsel, the admission of bad character evidence, and the waiver of legal professional privilege.
Application for retrial refused.
Given the denial of a fair trial and the applicant's completion of his sentence, a retrial was deemed unnecessary and inappropriate.