Carr, R. v

Carr, R. v

The judge was entitled to permit the prosecution to call Wayne Lee Senior as a witness and to refuse cross-examination on the shooting incident; there was no unfairness amounting to an abuse of process, and the fresh evidence regarding Wayne Lee Junior did not render the conviction unsafe. The sentence, though heavy, was not manifestly excessive for the seriousness of the offence.

Parties
Prosecutor: Regina; Appellant: Anthony Jacob Carr
Jurisdiction
England and Wales
Judgment Date
14 May 2008
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Application for Leave to Appeal Against Sentence
Outcome
Appeal against conviction dismissed; application for leave to appeal against sentence refused.
Legal Topics
Wounding With Intent, Disclosure Obligations, Witness Credibility, Bad Character Evidence, Sentencing of Young Offenders
Criminal Law Wounding With Intent Disclosure Obligations Witness Credibility Bad Character Evidence Sentencing of Young Offenders

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

Anthony Jacob Carr

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the trial judge erred in allowing the prosecution 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 his 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 prosecution to call Wayne Lee Senior as a witness and to refuse cross-examination on the shooting incident; there was no unfairness amounting to an abuse of process, and the fresh evidence regarding Wayne Lee Junior did not render the conviction unsafe. The sentence, though heavy, was not manifestly excessive for the seriousness of the offence.

Court Disposition

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