Bush, R. v [1997] EWCA Crim 202 (27 January 1997)

Bush, R. v [1997] EWCA Crim 202 (27 January 1997)

The Recorder properly exercised discretion under section 78 not to exclude identification evidence, Code D:2 did not apply or was not breached, the identification evidence was sufficiently strong for the jury, and only one alternative verdict can stand, so count 1 is quashed.

Citation
[1997] EWCA Crim 202
Parties
Appellant: Appellant; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
27 January 1997
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal allowed in part
Legal Topics
Identification Evidence, Exclusion of Evidence, Alternative Verdicts
Criminal Law Identification Evidence Exclusion of Evidence Alternative Verdicts

Case Brief

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Parties

Appellant

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether identification evidence should be excluded under section 78 of the Police and Criminal Evidence Act
  2. 2 Whether Code D:2 of the Codes of Practice applied and was breached
  3. 3 Whether the case should have been withdrawn from the jury under the Turnbull principle due to poor identification evidence

Ratio Decidendi

The Recorder properly exercised discretion under section 78 not to exclude identification evidence, Code D:2 did not apply or was not breached, the identification evidence was sufficiently strong for the jury, and only one alternative verdict can stand, so count 1 is quashed.

Court Disposition

appeal allowed in part

Orders

  • verdict on count 1 quashed
  • verdict on count 2 and sentence upheld