Cooper, R. v [2022] EWCA Crim 166 (04 February 2022)
The trial judge's directions on circumstantial evidence were fair, balanced, and in accordance with established legal principles; there was no error or unfairness. The sentencing approach, including the uplift for the firearms offence, was appropriate, did not involve double-counting, and reflected the totality of the applicant's criminality.
- Citation
- [2022] EWCA Crim 166
- Parties
- Prosecution: Regina; Applicant/defendant: Garry Cooper
- Jurisdiction
- England and Wales
- Judgment Date
- 04 February 2022
- Procedural Posture
- Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence
- Outcome
- Applications for leave to appeal against conviction and sentence refused.
- Legal Topics
- Murder, Conspiracy to Supply Class a Drugs, Affray, Possession of Firearm With Intent, Sentencing, Jury Directions, Circumstantial Evidence
Case Brief
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Parties
Regina
Prosecution
Garry Cooper
Applicant/defendant
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence
Legal Issues
- 1 Whether the trial judge's direction to the jury on circumstantial evidence was inadequate or unfair
- 2 Whether the sentence imposed was manifestly excessive or involved double-counting
Ratio Decidendi
The trial judge's directions on circumstantial evidence were fair, balanced, and in accordance with established legal principles; there was no error or unfairness. The sentencing approach, including the uplift for the firearms offence, was appropriate, did not involve double-counting, and reflected the totality of the applicant's criminality.
Court Disposition
Applications for leave to appeal against conviction and sentence refused.
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