Court of Appeal Criminal Division Published April 24, 2007 Regina v Osbourne

The fact that a defendant shouted at his partner in the context of a charge of murdering his friend was not evidence amounting to reprehensible behaviour within the bad character provisions of the Criminal Justice Act 2003.

The Court of Appeal, Criminal Division (Lord Justice Pill, Mr Justice Henriques, and Sir Richard Curtis) so held on March 13, 2007 when dismissing an appeal by Gary Osbourne against his conviction on October 4, 2005 at the Central Criminal Court (Judge Hawkins, QC and a jury) of murder.

LORD JUSTICE PILL said that the appellant was convicted of having killed a man who was, on the evidence, a good friend.

In that context the court did not accept that shouting at a partner or even a young child could amount to reprehensible behaviour within the meaning of section 112 of the 2003 Act. Shouting between partners over the care of a young child was not to be commended but in the context of a charge of murdering a close friend, it did not cross the threshold contemplated by the words of the statute.

Further, it was not important explanatory evidence within section 101(1)(c) of the 2003 Act or admissible as relevant background history.

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