Charles, R v [2001] EWCA Crim 1698 (19th July, 2001)

Charles, R v [2001] EWCA Crim 1698 (19th July, 2001)

The breaches of Code D and procedural irregularities did not render the identification evidence inadmissible or unsafe; the judge's summing up, though imperfect, was not unbalanced or unfair, and the jury's verdict was safe given the multiple strands of evidence and proper directions.

Citation
[2001] EWCA Crim 1698
Parties
Respondent: R; Appellant: Charles
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Court of Appeal (criminal Division) Judgment
Outcome
Appeal dismissed
Legal Topics
Identification Evidence, Police and Criminal Evidence Act 1984, Code D Breaches, Robbery, Imitation Firearm, Summing Up, Alibi, Police Misconduct

Case Brief

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Parties

R

Respondent

Charles

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal (criminal Division) Judgment

  1. 1 Whether breaches of Code D under the Police and Criminal Evidence Act 1984 rendered identification evidence inadmissible or unsafe
  2. 2 Whether the judge's summing up was unbalanced or unfair, undermining the defence case
  3. 3 Whether the failure to hold identification parades affected the safety of the conviction

Ratio Decidendi

The breaches of Code D and procedural irregularities did not render the identification evidence inadmissible or unsafe; the judge's summing up, though imperfect, was not unbalanced or unfair, and the jury's verdict was safe given the multiple strands of evidence and proper directions.

Court Disposition

Appeal dismissed

Orders

  • Leave to appeal on additional grounds refused