B & Anor, R v [2008] EWCA Crim 365 (7 February 2008)

B & Anor, R v [2008] EWCA Crim 365 (7 February 2008)

Although the judge admitted S's interview on the wrong legal basis, the statements were admissible under the correct statutory provisions, and the judge's directions to the jury were adequate. The conviction is safe and the appeal is dismissed.

Citation
[2008] EWCA Crim 365
Parties
Appellant: B; Appellant: S; Respondent: Regina (The Crown); Advocate to the Court: H Keith
Jurisdiction
England and Wales
Judgment Date
07 February 2008
Procedural Posture
Criminal Appeal / Appeal Against Conviction (sentence Appeals Abandoned)
Outcome
Appeal dismissed
Legal Topics
Attempted Robbery, Affray, Admissibility of Evidence, Hearsay, Previous Inconsistent Statements, Jury Directions, Lucas Direction
Criminal Law Attempted Robbery Affray Admissibility of Evidence Hearsay Previous Inconsistent Statements Jury Directions Lucas Direction

Case Brief

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Parties

B

Appellant

S

Appellant

Regina (The Crown)

Respondent

H Keith

Advocate to the Court

Procedural Posture

Criminal Appeal / Appeal Against Conviction (sentence Appeals Abandoned)

Legal Issues

  1. 1 Whether the judge erred in admitting the contents of S's police interview as evidence against B and D
  2. 2 Whether the judge failed to properly direct the jury on the use of that evidence
  3. 3 Whether the Lucas direction given was unfair to B

Ratio Decidendi

Although the judge admitted S's interview on the wrong legal basis, the statements were admissible under the correct statutory provisions, and the judge's directions to the jury were adequate. The conviction is safe and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Conviction upheld for B
  • No order as to sentence appeals (abandoned)