Muhidinz, R v

Muhidinz, R v

The judge misdirected the jury by failing to treat the case as one of identification and by not directing the jury that the appellant had been deprived of the safeguard of an identification parade, rendering the conviction unsafe.

Parties
Appellant: Abdirahman Muhidinz; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
13 October 2005
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
conviction quashed
Legal Topics
Robbery, Identification Evidence, Misdirection, Appeal Against Conviction
Criminal Law Robbery Identification Evidence Misdirection Appeal Against Conviction

Case Brief

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Parties

Abdirahman Muhidinz

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in treating the case as one of participation rather than identification
  2. 2 Whether failure to hold an identification parade and direct the jury accordingly rendered the conviction unsafe

Ratio Decidendi

The judge misdirected the jury by failing to treat the case as one of identification and by not directing the jury that the appellant had been deprived of the safeguard of an identification parade, rendering the conviction unsafe.

Court Disposition

conviction quashed

Orders

  • conviction quashed