Carr, R. v [2008] EWCA Crim 1283 (14 May 2008)

Carr, R. v [2008] EWCA Crim 1283 (14 May 2008)

The judge was entitled to permit the Crown to call Wayne Lee Senior as a witness despite earlier indications to the contrary, as no prejudice to the appellant was demonstrated. The refusal to allow cross-examination on the shooting incident was within the judge's discretion, as the evidence was remote and not materially probative. Fresh evidence of Wayne Lee Junior's conviction did not render the conviction unsafe, as the jury was already aware of his bad character and animosity between the families. The sentence, though heavy, was not manifestly excessive given the seriousness of the offence.

Citation
[2008] EWCA Crim 1283
Parties
Prosecution: Regina; Appellant: Anthony Jacob Carr
Jurisdiction
England and Wales
Judgment Date
14 May 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; application for leave to appeal against sentence refused.
Legal Topics
Wounding With Intent, Bad Character Evidence, Disclosure Obligations, Appeal Against Conviction, Appeal Against Sentence
Criminal Law Wounding With Intent Bad Character Evidence Disclosure Obligations Appeal Against Conviction Appeal Against Sentence

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Anthony Jacob Carr

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in allowing the Crown to call Wayne Lee Senior as a witness after previously indicating he would not be relied upon
  2. 2 Whether the trial judge erred in refusing to allow cross-examination of Wayne Lee Senior regarding alleged involvement in a shooting incident
  3. 3 Whether fresh evidence regarding Wayne Lee Junior's conviction for supplying cocaine undermined the safety of the conviction

Ratio Decidendi

The judge was entitled to permit the Crown to call Wayne Lee Senior as a witness despite earlier indications to the contrary, as no prejudice to the appellant was demonstrated. The refusal to allow cross-examination on the shooting incident was within the judge's discretion, as the evidence was remote and not materially probative. Fresh evidence of Wayne Lee Junior's conviction did not render the conviction unsafe, as the jury was already aware of his bad character and animosity between the families. The sentence, though heavy, was not manifestly excessive given the seriousness of the offence.

Court Disposition

Appeal against conviction dismissed; application for leave to appeal against sentence refused.