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Court of Appeal dismisses appeal against conviction for assault involving “stamping” on an injured party’s head, finding: 1) the verdict arrived at by the jury was one that was entirely open to them on the facts: 2) the intervention of the trial judge regarding minor and major DNA profiles did not impair the defence in any material way; 3) the trial judge did not in fact prohibit defence counsel from referring to relevant legislation; and 4) reference to the appellant as “your man” by the judge was not derogatory and did not undermine the defence.
Criminal law – sentencing – appeal against conviction and sentence for offence under s. 4 of the Non Fatal Offences Against the Person Act 1997 – whether the trial judge did not permit questions regarding the efficacy of DNA evidence – verdict arrived at by the jury was one that was entirely open to them – intervention of the trial judge regarding minor and major DNA profiles did not impair the defence in any material way – Criminal Law (Defence and the Dwelling) Act 2011 – reference to the appellant as “your man” by the judge – no attempt whatsoever to refer to the appellant in derogatory terms or in terms that would undermine his defence – appeal against conviction dismissed.
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