Assani, R v [2008] EWCA Crim 2563 (19 November 2008)

Assani, R v [2008] EWCA Crim 2563 (19 November 2008)

The exclusion of evidence regarding Heffernan's alleged bad character was correct under the statutory regime, as it lacked probative value and was not prosecution evidence. The minimum term of twenty years was manifestly excessive, as intention to kill should not increase the minimum period and there was little premeditation.

Citation
[2008] EWCA Crim 2563
Parties
Prosecution: Regina; Appellant/defendant: Dale Steven Assani
Jurisdiction
England and Wales
Judgment Date
19 November 2008
Procedural Posture
Criminal Appeal / Court of Appeal (criminal Division) Judgment
Outcome
Appeal against conviction dismissed; appeal against sentence allowed in part.
Legal Topics
Bad Character Evidence, Murder, Minimum Sentence, Criminal Justice Act 2003, Appeal Against Conviction, Appeal Against Sentence
Criminal Law Bad Character Evidence Murder Minimum Sentence Criminal Justice Act 2003 Appeal Against Conviction Appeal Against Sentence

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Parties

Regina

Prosecution

Dale Steven Assani

Appellant/defendant

Procedural Posture

Criminal Appeal / Court of Appeal (criminal Division) Judgment

Legal Issues

  1. 1 Whether exclusion of evidence of co-defendant's alleged bad character rendered conviction unsafe
  2. 2 Appropriate minimum term for life sentence for murder

Ratio Decidendi

The exclusion of evidence regarding Heffernan's alleged bad character was correct under the statutory regime, as it lacked probative value and was not prosecution evidence. The minimum term of twenty years was manifestly excessive, as intention to kill should not increase the minimum period and there was little premeditation.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed in part.

Orders

  • Minimum term of twenty years quashed and substituted with seventeen years.