Cushman & Anor,R. v [2003] EWCA Crim 694 (18 March 2003)

Cushman & Anor,R. v [2003] EWCA Crim 694 (18 March 2003)

The judge was entitled to allow the case against Masters to go to the jury as the identification evidence, though with weaknesses, was capable of being found credible and accurate. There was no prejudice to Cushman from the handling of forensic evidence or his refusal to be interviewed. Sentences should have been...

Source-derived case information.

Citation
[2003] EWCA Crim 694
Parties
Prosecution: Regina; Appellant: Andrew John Cushman; Appellant: Paul Stuart Masters
Jurisdiction
England and Wales
Judgment Date
18 March 2003
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Conviction and Sentence
Outcome
Appeals against conviction dismissed; appeals against sentence allowed in part
Legal Topics
False Imprisonment, Grievous Bodily Harm, Burglary, Identification Evidence, Sentencing, Appeal Against Conviction, Appeal Against Sentence
Criminal Law False Imprisonment Grievous Bodily Harm Burglary Identification Evidence Sentencing Appeal Against Conviction Appeal Against Sentence

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Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Andrew John Cushman

Appellant

Paul Stuart Masters

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in admitting evidence regarding Cushman's refusal to be interviewed
  2. 2 Whether the identification evidence against Masters was so weak that the case should have been withdrawn from the jury
  3. 3 Whether the sentences imposed were excessive or should have been concurrent

Ratio Decidendi

The judge was entitled to allow the case against Masters to go to the jury as the identification evidence, though with weaknesses, was capable of being found credible and accurate. There was no prejudice to Cushman from the handling of forensic evidence or his refusal to be interviewed. Sentences should have been concurrent as the offences arose from a single incident, and the original sentences were excessive.

Court Disposition

Appeals against conviction dismissed; appeals against sentence allowed in part

Orders

  • Cushman's renewed application for leave to appeal against conviction refused
  • Masters' appeal against conviction dismissed