Wilsher, R. v [2023] EWCA Crim 1249 (18 October 2023)

Wilsher, R. v [2023] EWCA Crim 1249 (18 October 2023)

The cumulative circumstantial and forensic evidence, including electronic tag and cell site data, DNA, and association with vehicles, provided a sufficient basis for the jury to convict. The force used against Mrs Kaye, given her age and frailty, entitled the jury to find intent to cause serious harm. The trial...

Source-derived case information.

Citation
[2023] EWCA Crim 1249
Parties
Prosecution: Rex; Applicant: Amos Wilsher
Jurisdiction
England and Wales
Judgment Date
18 October 2023
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
application for leave to appeal refused
Legal Topics
Conspiracy to Rob, Murder, Wounding With Intent, Bad Character Evidence, Cross Admissibility, Cell Site Evidence, Electronic Tagging, Circumstantial Evidence, Jury Directions
Criminal Law Conspiracy to Rob Murder Wounding With Intent Bad Character Evidence Cross Admissibility Cell Site Evidence Electronic Tagging +2 more

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Summary, issues, holding and outcome

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Parties

Rex

Prosecution

Amos Wilsher

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether there was a case to answer on counts 1 to 3 based on circumstantial evidence and electronic tag/cell site correlation
  2. 2 Whether the evidence supported a conviction for murder rather than manslaughter in relation to Mrs Kaye
  3. 3 Whether the admission of bad character evidence and cross-admissibility directions were proper

Ratio Decidendi

The cumulative circumstantial and forensic evidence, including electronic tag and cell site data, DNA, and association with vehicles, provided a sufficient basis for the jury to convict. The force used against Mrs Kaye, given her age and frailty, entitled the jury to find intent to cause serious harm. The trial judge's decisions on bad character evidence and cross-admissibility were reasonable and within discretion.

Court Disposition

application for leave to appeal refused