Thomasson & Anor, R. v (Rev 1)

Thomasson & Anor, R. v (Rev 1)

The identification evidence was properly admitted for the jury's consideration and did not render the proceedings unfair under section 78 PACE; the judge correctly excluded police opinion evidence on the E-Fit as inadmissible hearsay; the refusal to reopen the case to introduce evidence concerning Leevon Birchall was justified; the sentences imposed were appropriate given the seriousness, aggravating features, and roles of the appellants.

Parties
Appellant: Carne Michael Thomasson; Appellant: Aldaire Warmington; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
04 February 2021
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeal against conviction dismissed; renewed applications for leave to appeal sentence refused
Legal Topics
Identification Evidence, Hearsay, Admissibility of Evidence, Extended Sentences, Dangerous Offenders, Conspiracy to Cause Grievous Bodily Harm, Perverting the Course of Justice
Criminal Law Identification Evidence Hearsay Admissibility of Evidence Extended Sentences Dangerous Offenders Conspiracy to Cause Grievous Bodily Harm Perverting the Course of Justice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 11 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Carne Michael Thomasson

Appellant

Aldaire Warmington

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the identification evidence against Carne Thomasson should have been excluded under section 78 PACE
  2. 2 Whether the judge erred in refusing to admit police opinion evidence on an E-Fit picture
  3. 3 Whether the judge erred in refusing to allow the defence to reopen its case to introduce evidence concerning Leevon Birchall

Ratio Decidendi

The identification evidence was properly admitted for the jury's consideration and did not render the proceedings unfair under section 78 PACE; the judge correctly excluded police opinion evidence on the E-Fit as inadmissible hearsay; the refusal to reopen the case to introduce evidence concerning Leevon Birchall was justified; the sentences imposed were appropriate given the seriousness, aggravating features, and roles of the appellants.

Court Disposition

appeal against conviction dismissed; renewed applications for leave to appeal sentence refused

Orders

  • Conviction of Carne Thomasson upheld
  • Applications for leave to appeal sentence by Thomasson and Warmington refused