Cushman & Anor, R v

Cushman & Anor, R v

The trial judge was entitled to allow the case against Masters to proceed as the identification evidence was capable of being found credible and accurate, and the jury was properly directed. The sentences imposed were excessive as they should have been concurrent for offences arising from a single incident; the sentences were reduced accordingly.

Parties
Prosecution: Regina; Appellant: Andrew John Cushman; Appellant: Paul Stuart Masters
Jurisdiction
England and Wales
Judgment Date
18 March 2003
Procedural Posture
Criminal 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 Principles
Criminal Law False Imprisonment Grievous Bodily Harm Burglary Identification Evidence Sentencing Principles

Case Brief

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Parties

Regina

Prosecution

Andrew John Cushman

Appellant

Paul Stuart Masters

Appellant

Procedural Posture

Criminal Appeal / Judgment on Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in admitting identification evidence against Masters
  2. 2 Whether the trial judge erred in admitting evidence relating to Cushman's refusal to be interviewed
  3. 3 Whether the sentences imposed were excessive and should have been concurrent rather than consecutive

Ratio Decidendi

The trial judge was entitled to allow the case against Masters to proceed as the identification evidence was capable of being found credible and accurate, and the jury was properly directed. The sentences imposed were excessive as they should have been concurrent for offences arising from a single incident; the sentences were reduced accordingly.

Court Disposition

Appeals against conviction dismissed; appeals against sentence allowed in part

Orders

  • Cushman's total sentence reduced to 7.5 years imprisonment, concurrent for false imprisonment and grievous bodily harm, consecutive to 105 days under section 116
  • Masters' total sentence reduced to 4 years and 9 months detention, concurrent for false imprisonment and inflicting grievous bodily harm, consecutive to 475 days under section 116