Rosato, R. v

Rosato, R. v

The fresh evidence from the co-defendant was not credible or capable of belief and did not undermine the safety of the conviction. The trial judge was correct to admit evidence of the appellant's past convictions as relevant to credibility in the context of cut-throat defences. The summing-up, while lengthy and...

Source-derived case information.

Parties
Respondent: Regina; Appellant: Carlo Rosato
Jurisdiction
England and Wales
Judgment Date
09 May 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Arson, Joint Enterprise, Admissibility of Bad Character Evidence, Fresh Evidence on Appeal
Criminal Law Arson Joint Enterprise Admissibility of Bad Character Evidence Fresh Evidence on Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Carlo Rosato

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the conviction is unsafe in light of fresh evidence from the co-defendant
  2. 2 Whether the trial judge erred in admitting evidence of the appellant's past convictions under section 101(1)(e) of the Criminal Justice Act 2003
  3. 3 Whether the judge's summing-up on the use of past convictions was adequate and fair

Ratio Decidendi

The fresh evidence from the co-defendant was not credible or capable of belief and did not undermine the safety of the conviction. The trial judge was correct to admit evidence of the appellant's past convictions as relevant to credibility in the context of cut-throat defences. The summing-up, while lengthy and perhaps overly narrow, did not cause unfairness or misdirection. The conviction is safe.

Court Disposition

appeal dismissed