Isaac [2016] EWCA Crim 1907 (12 October 2016)

Isaac [2016] EWCA Crim 1907 (12 October 2016)

The admission of the February 2015 identification evidence did not have such an adverse effect on the fairness of the proceedings as to require exclusion under section 78 of the Police and Criminal Evidence Act 1984. The procedures were properly conducted, the jury was able to assess the reliability of the evidence with the benefit of recordings and transcripts, and the judge gave appropriate directions on the weaknesses of the identification evidence. The conviction was therefore safe.

Citation
[2016] EWCA Crim 1907
Parties
Prosecution: Regina; Appellant: Aaron Abraham Isaac
Jurisdiction
England and Wales
Judgment Date
12 October 2016
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Identification Evidence, Admissibility of Evidence, Section 78 Police and Criminal Evidence Act 1984, Turnbull Direction
Criminal Law Identification Evidence Admissibility of Evidence Section 78 Police and Criminal Evidence Act 1984 Turnbull Direction

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Parties

Regina

Prosecution

Aaron Abraham Isaac

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the admission of identification evidence from a second identification procedure was unfair and rendered the conviction unsafe
  2. 2 Whether the trial judge erred in law by admitting the identification evidence obtained in February 2015

Ratio Decidendi

The admission of the February 2015 identification evidence did not have such an adverse effect on the fairness of the proceedings as to require exclusion under section 78 of the Police and Criminal Evidence Act 1984. The procedures were properly conducted, the jury was able to assess the reliability of the evidence with the benefit of recordings and transcripts, and the judge gave appropriate directions on the weaknesses of the identification evidence. The conviction was therefore safe.

Court Disposition

appeal dismissed

Orders

  • conviction upheld