Fitzgerald, R v [2017] EWCA Crim 556 (28 March 2017)

Fitzgerald, R v [2017] EWCA Crim 556 (28 March 2017)

The applicant's defence went beyond a mere denial and amounted to an allegation that prosecution witnesses conspired to pervert the course of justice, constituting an attack on their character. The trial judge was entitled to admit the bad character evidence, and there was no error in the exercise of discretion not to exclude it.

Citation
[2017] EWCA Crim 556
Parties
Prosecution: Regina; Applicant/defendant: Kevin Shane Fitzgerald
Jurisdiction
England and Wales
Judgment Date
28 March 2017
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Conviction
Outcome
application for leave to appeal refused
Legal Topics
Bad Character Evidence, Admissibility of Evidence, Attempted Robbery, Fair Trial
Criminal Law Bad Character Evidence Admissibility of Evidence Attempted Robbery Fair Trial

Case Brief

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Parties

Regina

Prosecution

Kevin Shane Fitzgerald

Applicant/defendant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Conviction

Legal Issues

  1. 1 Whether the trial judge erred in admitting evidence of the applicant's previous convictions as bad character evidence under section 101(1)(g) of the Criminal Justice Act 2003
  2. 2 Whether the evidence should have been excluded under section 101(3) of the Criminal Justice Act 2003 due to adverse effect on fairness

Ratio Decidendi

The applicant's defence went beyond a mere denial and amounted to an allegation that prosecution witnesses conspired to pervert the course of justice, constituting an attack on their character. The trial judge was entitled to admit the bad character evidence, and there was no error in the exercise of discretion not to exclude it.

Court Disposition

application for leave to appeal refused

Orders

  • renewed application for leave to appeal against conviction is refused