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
Summary, issues, holding and outcome
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Parties
R
Respondent
Charles
Appellant
Procedural Posture
Criminal Appeal / Court of Appeal (criminal Division) Judgment
Legal Issues
- 1 Whether breaches of Code D under the Police and Criminal Evidence Act 1984 rendered identification evidence inadmissible or unsafe
- 2 Whether the judge's summing up was unbalanced or unfair, undermining the defence case
- 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
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