Andrew Rea [2019] EWCA Crim 1248

The appellant appealed against conviction on two counts of assault based on an asserted misdirection in the summing-up at the Court Martial, with regard to a cross-admissibility issue. The appellant was reduced in rank from sergeant to corporal and sentenced to 90 days’ detention.

“With all respect, it is not ordinarily appropriate for a single judge to grant a very lengthy extension of time as was sought here, in circumstances where no proper explanation for the delay has been given and simply because the single judge considers that one of the grounds might be arguable.” If there were concerns about the safety of the conviction the entire matter should have been referred to the Full Court.

On the face of it the case was a pure matter of fact for the Board to decide by reference to the evidence. No issue was taken by the appellant’s counsel to the summing-up at the time. Part of the prosecution case was that there had been a ‘pattern’ of offending on the part of the appellant in terms of assaulting Fusiliers in their rooms, by way of in effect punishment for poor performance. It was complained that the summing up conveyed the impression the various incidents were cross admissible but without the directions commonly given to the benefit of the defence when issues of cross admissibility arise. “In our view, with all respect, this is a complete misreading of the context and of the summing-up itself … To introduce considerations of cross-admissibility would not have accorded with what was being alleged and would have been a wholly unnecessary and unjustified distraction.” This ground was completely misconceived. The application to adduce fresh evidence was also refused.