Drummond, R. v

Drummond, R. v

The judge's directions and summing-up were fair and balanced, properly assisting the jury in their approach to circumstantial and eyewitness evidence. The evidence read by agreement was not conclusive and the jury was entitled to evaluate its weight. The grounds for appeal are wholly unarguable and the application is rejected.

Parties
Respondent: Regina; Applicant: Ben Drummond
Jurisdiction
England and Wales
Judgment Date
14 February 2020
Procedural Posture
Criminal Appeal / Renewed Application for Permission to Appeal Conviction
Outcome
application for permission to appeal rejected
Legal Topics
Murder, Violent Disorder, Admissibility of Evidence, Jury Directions, Circumstantial Evidence, Alibi, Eyewitness Testimony
Criminal Law Murder Violent Disorder Admissibility of Evidence Jury Directions Circumstantial Evidence Alibi Eyewitness Testimony

Case Brief

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Parties

Regina

Respondent

Ben Drummond

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Permission to Appeal Conviction

Legal Issues

  1. 1 Whether the judge erred in directing the jury to approach eyewitness evidence with caution
  2. 2 Whether the judge should have given the defence notice before referring to circumstances undermining the weight of read evidence
  3. 3 Whether the judge erred in suggesting the calling of eyewitnesses for cross-examination as a cure

Ratio Decidendi

The judge's directions and summing-up were fair and balanced, properly assisting the jury in their approach to circumstantial and eyewitness evidence. The evidence read by agreement was not conclusive and the jury was entitled to evaluate its weight. The grounds for appeal are wholly unarguable and the application is rejected.

Court Disposition

application for permission to appeal rejected

Orders

  • application for permission to appeal is misconceived and must be rejected