We have written a number of times over the evolution of the law on how to deal with deceased complainants under the hearsay provisions and this interesting case adds a new dimension…
Category: Caselaw
R v Crampton [2020] EWCA Crim 1334 – Facebook Identification was properly admitted despite breach of the Code – Not a Lurking Doubt Case
This was a cold case inolving an allegation of abuse which occured in 1996 but was not reported until 2018 . The circumstances of the reporting arose following a search of facebook…
R. v Wangige (Joseph Karumba) [2020] EWCA Crim 1319 – autrefois convict preventing a second conviction on the same facts
This was a sad case involving the death of a victim in a road traffic incident in which the the Crown Prosecution Service having carefully considered the circumstances concluded that none of…
Amere Singh Dhaliwal, Irfan Ahmed, Mohammed Kammer, Zahid Hassan, Mohammed Riswan Aslam, Abdul Rehman, Raj Singh Barsran, Nahman Mohammed v The Queen [2020] EWCA Crim 843 – Jury conduct internet/messaging
In a multi handed case a Judge had carefully considered the evidence to support both discharging the jury member and the impact on the jury . The Court concluded that whilst the…
R. (on the application of Bamber) v Crown Prosecution Service [2020 ] [2020] EWHC 1391 (Admin)
Judicial review was not the most suitable approach to challenging a refusal by the CPS of a request for disclosure of evidence which a man convicted of five murders said would undermine…
R v Gordon Park [2020] EWCA Crim 589 – weight of circumstantial evidence and the Jury Impact Test
A CCRC Referral failed where the original case shifted by the time of the appeal with a DNA ground abandoned and the Court concluded that the weight of circumstantial evidence was not…
R. v Mohamed (Abdulkadir) [2020] EWCA Crim 525 – Identifcation Evidence unsafe
A robbery convction was unsafe where it was secured on the basis of identification evidence . Although the judge had given a full and proper Turnbull direction, part of his direction was…
R. v Foy (Nicholas John) [2020] EWCA Crim 270 – Need for finality in expert evidence
The court refused to admit fresh psychiatric evidence in support of a possible defence of diminished responsibility to a charge of murder. Diminished responsibility had not been pursued at trial, the opinion…
R. v Carter (Joseph) [2020] EWCA Crim 105 – autism did not justify absence from trial
A defendant’s trial for causing grievous bodily harm with intent had not been unfair given that he had deliberately absented himself from the trial process and deprived himself of his right to…
Regina v Sterling Christie, Winston Trew, George Griffiths [2019] EWCA Crim 2474 – police misconduct
In this CCRC Referral which followed the case of R v Stephen Simmons [2018] EWCA Crim 114 , these 1972 convictions were quashed on the basis that these were convictions arising out…