Lafayette, R. v

Lafayette, R. v

Despite deficiencies in the summing-up regarding the use of bad character evidence and propensity, the directions given contained sufficient safeguards and the conviction is safe. The minimum term of 14 years is not manifestly excessive given the appellant's record and the circumstances.

Parties
Respondent: Regina; Appellant: Anthony Lascelles Lafayette
Jurisdiction
England and Wales
Judgment Date
18 December 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; application for leave to appeal sentence refused.
Legal Topics
Murder, Bad Character Evidence, Propensity, Sentencing, Self Defence
Criminal Law Murder Bad Character Evidence Propensity Sentencing Self Defence

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Anthony Lascelles Lafayette

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in admitting and directing the jury on the appellant's previous convictions and alleged bad character evidence
  2. 2 Whether the summing-up on bad character evidence was adequate and in accordance with the law
  3. 3 Whether the conviction is safe given the directions on bad character and propensity

Ratio Decidendi

Despite deficiencies in the summing-up regarding the use of bad character evidence and propensity, the directions given contained sufficient safeguards and the conviction is safe. The minimum term of 14 years is not manifestly excessive given the appellant's record and the circumstances.

Court Disposition

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

Orders

  • Conviction upheld
  • Minimum term of 14 years imprisonment confirmed