Freeman, R v [2008] EWCA Crim 1863 (08 August 2008)

Evidence from one count can be cross-admissible to support another if it is relevant and admissible under s.101(1)(d) of the Criminal Justice Act 2003, not limited to showing propensity. The trial judges did not err in their directions or decisions on severance and admissibility; convictions are safe.

Citation: [2008] EWCA Crim 1863
Parties: Prosecution: R; Appellant/defendant: Daniel Robert Wallace Freeman; Appellant/defendant: Jerome Crawford
Jurisdiction: England and Wales
Judgment Date: 08 August 2008
Procedural Posture: Criminal Appeal / Appeal Against Conviction and Sentence
Outcome: Appeals dismissed (convictions upheld); Freeman's sentence reduced on earlier hearing.
Legal Topics: Bad Character Evidence, Cross Admissibility, Propensity, Jury Directions, Severance of Indictment, No Case to Answer

Criminal Law Bad Character Evidence Cross Admissibility Propensity Jury Directions Severance of Indictment No Case to Answer

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Parties

Prosecution

Daniel Robert Wallace Freeman

Appellant/defendant

Jerome Crawford

Appellant/defendant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

1 Appropriate jury direction on bad character evidence under s.98 Criminal Justice Act 2003
2 Cross-admissibility of evidence relating to multiple counts in the same indictment
3 Whether prior convictions and evidence from one count can be used to support another count

Ratio Decidendi

Court Disposition

Appeals dismissed (convictions upheld); Freeman's sentence reduced on earlier hearing.

Orders

Appeals against conviction dismissed for both Freeman and Crawford.
Freeman's sentence reduced from 42 months to 30 months imprisonment.