B & Anor, R v

B & Anor, R v

The judge's admission of interview statements on the wrong basis did not affect the safety of the conviction, as the statements were admissible under the relevant statutory provisions and proper jury directions were given.

Parties
Appellant: B; Appellant: S; Respondent: Crown; Co Accused: D; Amicus Curiae: Advocate to the Court
Jurisdiction
England and Wales
Judgment Date
07 February 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Admissibility of Evidence, Hearsay, Previous Inconsistent Statements, Lucas Direction, Joint Trials
Criminal Law Admissibility of Evidence Hearsay Previous Inconsistent Statements Lucas Direction Joint Trials

Case Brief

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Parties

B

Appellant

S

Appellant

Crown

Respondent

D

Co Accused

Advocate to the Court

Amicus Curiae

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the judge erred in admitting interview statements as evidence against all defendants
  2. 2 Whether the judge failed to adequately direct the jury on the dangers of relying on interview statements
  3. 3 Whether the Lucas direction was unfair to the appellant B

Ratio Decidendi

The judge's admission of interview statements on the wrong basis did not affect the safety of the conviction, as the statements were admissible under the relevant statutory provisions and proper jury directions were given.

Court Disposition

appeal dismissed

Orders

  • conviction upheld
  • appeal against sentence abandoned