Cooper, R. v [2022] EWCA Crim 166 (04 February 2022)

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

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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

  1. 1 Whether the trial judge's direction to the jury on circumstantial evidence was inadequate or unfair
  2. 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.