Williams, R v

Williams, R v

The witness's recognition of the appellant, based on repeated sightings over many years in a small community, constituted admissible evidence of identity; the failure to hold an identification parade did not render the conviction unsafe as the jury was properly directed and warned; the conviction was safe and the appeal must be dismissed.

Parties
Appellant: Andrew John Williams; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
05 October 2004
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Identification Evidence, Hearsay, Recognition, Identification Parade, Grievous Bodily Harm
Criminal Law Identification Evidence Hearsay Recognition Identification Parade Grievous Bodily Harm

Case Brief

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Parties

Andrew John Williams

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the identification evidence was admissible or amounted to hearsay
  2. 2 Whether failure to hold an identification parade rendered the conviction unsafe
  3. 3 Whether the witness's recognition was sufficient to prove identity

Ratio Decidendi

The witness's recognition of the appellant, based on repeated sightings over many years in a small community, constituted admissible evidence of identity; the failure to hold an identification parade did not render the conviction unsafe as the jury was properly directed and warned; the conviction was safe and the appeal must be dismissed.

Court Disposition

appeal dismissed

Orders

  • conviction upheld
  • no further orders