Patrick, R v [1999] EWCA Crim 746 (18th March, 1999)
The conviction was safe as the identification evidence was sufficient and the omission of a full alibi direction did not render the conviction unsafe; the original sentence was excessive and should be reduced to reflect the overall criminality.
- Citation
- [1999] EWCA Crim 746
- Parties
- Appellant: Alexander Patrick; Respondent: Crown
- Jurisdiction
- England and Wales
- Procedural Posture
- Criminal Appeal / Judgment on Conviction and Sentence
- Outcome
- appeal against conviction dismissed; appeal against sentence allowed in part
- Legal Topics
- Arson, Burglary, Identification Evidence, Alibi, Sentencing, Witness Intimidation
Case Brief
Summary, issues, holding and outcome
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Parties
Alexander Patrick
Appellant
Crown
Respondent
Procedural Posture
Criminal Appeal / Judgment on Conviction and Sentence
Legal Issues
- 1 whether the conviction for arson was unsafe due to identification and alibi issues
- 2 whether the sentence imposed was excessive
Ratio Decidendi
The conviction was safe as the identification evidence was sufficient and the omission of a full alibi direction did not render the conviction unsafe; the original sentence was excessive and should be reduced to reflect the overall criminality.
Court Disposition
appeal against conviction dismissed; appeal against sentence allowed in part
Orders
- sentence of five years for arson quashed
- sentence of three and a half years for arson substituted
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