Tonzarah & Anor, R. v

Tonzarah & Anor, R. v

The expert 'reverse projection' evidence was admissible as it used established photographic techniques for a limited purpose, with proper jury directions. There was a sound circumstantial case for both appellants to answer. The prosecution's change of stance did not amount to abuse of process, and disclosure issues...

Source-derived case information.

Parties
Prosecution: Regina; Appellant: Alwayne Tonzarah Nathaniel Barnes; Applicant: Dale Burton
Jurisdiction
England and Wales
Judgment Date
27 June 2012
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeals against conviction dismissed; application for leave to appeal sentence refused.
Legal Topics
Admissibility of Expert Evidence, Conspiracy to Rob, Possession of Firearm, Circumstantial Evidence, Abuse of Process, Disclosure Obligations, No Case to Answer, Sentencing
Criminal Law Admissibility of Expert Evidence Conspiracy to Rob Possession of Firearm Circumstantial Evidence Abuse of Process Disclosure Obligations No Case to Answer +1 more

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Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Alwayne Tonzarah Nathaniel Barnes

Appellant

Dale Burton

Applicant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in admitting 'reverse projection' expert evidence on the gunman's height
  2. 2 Whether there was a case for Burton to answer at the close of the prosecution case
  3. 3 Whether the prosecution abused the process by changing the nature of its case

Ratio Decidendi

The expert 'reverse projection' evidence was admissible as it used established photographic techniques for a limited purpose, with proper jury directions. There was a sound circumstantial case for both appellants to answer. The prosecution's change of stance did not amount to abuse of process, and disclosure issues were addressed at trial. The sentences imposed were not manifestly excessive.

Court Disposition

Appeals against conviction dismissed; application for leave to appeal sentence refused.

Orders

  • Barnes' appeal against conviction dismissed
  • Burton's appeal against conviction dismissed