Davies v R

Davies v R

The identification evidence, though limited and flawed, was not so inherently worthless as to require exclusion or withdrawal from the jury. The judge's summing up was legally correct and appropriate, and the circumstantial evidence provided substantial support for the identification evidence. Trial counsel's actions were reasonable, and there was no procedural unfairness warranting exclusion of the evidence.

Parties
Appellant: Andrew Davies; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
29 October 2004
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Identification Evidence, Voice Recognition, Visual Recognition, Procedural Fairness, Summing Up, Admissibility of Evidence
Criminal Law Identification Evidence Voice Recognition Visual Recognition Procedural Fairness Summing Up Admissibility of Evidence

Case Brief

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Parties

Andrew Davies

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether trial counsel should have objected to the admissibility of visual and voice recognition evidence
  2. 2 Whether the judge's summing up on identification evidence was correct
  3. 3 Whether the identification evidence was so weak as to be inadmissible or should have been withdrawn from the jury

Ratio Decidendi

The identification evidence, though limited and flawed, was not so inherently worthless as to require exclusion or withdrawal from the jury. The judge's summing up was legally correct and appropriate, and the circumstantial evidence provided substantial support for the identification evidence. Trial counsel's actions were reasonable, and there was no procedural unfairness warranting exclusion of the evidence.

Court Disposition

Appeal dismissed

Orders

  • Application for leave to raise additional grounds dismissed