Petkar & Anor, R. v

Petkar & Anor, R. v

Although there were misdirections in the section 34 direction and failure to give a Jones and Jenkins warning, the evidence against both appellants was overwhelming and the convictions are safe. The new evidence regarding Petkar's accounts did not affect the safety of the conviction. Petkar's sentence was reduced by six months due to delay not of his own making.

Parties
Prosecution: Regina; Appellant/defendant: Rafiq Petkar; Appellant/defendant: Martin Farquhar
Jurisdiction
England and Wales
Judgment Date
16 October 2003
Procedural Posture
Criminal Appeal / Judgment on Appeal From Conviction and Sentence
Outcome
Appeals against conviction dismissed; Petkar's appeal against sentence allowed in part
Legal Topics
Theft, Duress, Adverse Inference, Evidence, Appeal Procedure, Sentencing
Criminal Law Theft Duress Adverse Inference Evidence Appeal Procedure Sentencing

Case Brief

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Parties

Regina

Prosecution

Rafiq Petkar

Appellant/defendant

Martin Farquhar

Appellant/defendant

Procedural Posture

Criminal Appeal / Judgment on Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge's section 34 direction on adverse inferences was defective and amounted to a misdirection
  2. 2 Whether the judge failed to give an appropriate warning regarding the evidence of co-defendants (cut-throat defence)
  3. 3 Whether the introduction of Mrs Wells' statement was improperly characterised

Ratio Decidendi

Although there were misdirections in the section 34 direction and failure to give a Jones and Jenkins warning, the evidence against both appellants was overwhelming and the convictions are safe. The new evidence regarding Petkar's accounts did not affect the safety of the conviction. Petkar's sentence was reduced by six months due to delay not of his own making.

Court Disposition

Appeals against conviction dismissed; Petkar's appeal against sentence allowed in part

Orders

  • Convictions of Rafiq Petkar and Martin Farquhar upheld
  • Petkar's sentence reduced from 5 years to 4 years and 6 months imprisonment