Windsor, R. v [2024] EWCA Crim 798 (05 July 2024)

Windsor, R. v [2024] EWCA Crim 798 (05 July 2024)

The trial judge was entitled to admit the applicant's previous conviction as it was relevant to the issue of whether the applicant was a participant or a dupe, and demonstrated a propensity to commit similar offences, even considering the time elapsed and differences in role. The admission did not render the proceedings unfair.

Citation
[2024] EWCA Crim 798
Parties
Prosecution: Rex; Applicant: Alexander Thomas Windsor
Jurisdiction
England and Wales
Judgment Date
05 July 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
renewed application for leave to appeal against conviction refused
Legal Topics
Bad Character Evidence, Admissibility of Evidence, Conspiracy to Cheat Revenue, VAT Evasion, Duty Evasion

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Parties

Rex

Prosecution

Alexander Thomas Windsor

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

  1. 1 Whether the admission of the applicant's previous conviction as bad character evidence was proper under the Criminal Justice Act 2003
  2. 2 Whether the previous conviction demonstrated a propensity relevant to the current charges
  3. 3 Whether the admission of such evidence rendered the proceedings unfair

Ratio Decidendi

The trial judge was entitled to admit the applicant's previous conviction as it was relevant to the issue of whether the applicant was a participant or a dupe, and demonstrated a propensity to commit similar offences, even considering the time elapsed and differences in role. The admission did not render the proceedings unfair.

Court Disposition

renewed application for leave to appeal against conviction refused