Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
Court of Appeal: (a) dismisses appeal against conviction by two appellants; but (c) allows appeal by third appellant, against convictions for aggravated burglary and other offences, on the grounds that evidence given by an accomplice in cross-examination on behalf of the second appellant linked him with another aggravated burglary offence that had been severed from the indictment and was prejudicial to such an extent that a separate trial should have been ordered.
Appeal against conviction - appellants convicted of aggravated burglary and false imprisonment - first two appellants also convicted of further dishonesty offences - two aggravated burglary incidents but third appellant only took part in one - charges relating to a third aggravated burglary severed from the indictment - car stolen during that burglary allegedly used in the incident of aggravated burglary for which all three appellants were on trial - two accomplices had pleaded guilty - whether admitted section of interview memorandum with third appellant was prejudicial such that there should have been separate trials - whether DNA samples legally taken but illegally retained beyond 12 months should have been admitted into evidence - whether search warrant was valid - whether trial judge breached fair procedures by reversing ruling that arrests were unlawful - whether arrests were unlawful - whether trial judge erred in his charge in respect of corroboration evidence and accomplices - whether trial judge re-charged jury correctly - whether trial judge should have acceded to applications for separate trials following prejudicial evidence elicited by way of cross-examination of accomplices linking third appellant to offences with which he had not been charged - miscellaneous other grounds of appeal.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.