Docherty -Puncheon, R. v [2013] EWCA Crim 2027 (29 October 2013)

Docherty -Puncheon, R. v [2013] EWCA Crim 2027 (29 October 2013)

The judge's directions to the jury regarding prior inconsistent statements were adequate and any omission did not render the conviction unsafe. The sentence imposed was not manifestly excessive or wrong in principle given the seriousness of the offences and the applicant's criminal history.

Citation
[2013] EWCA Crim 2027
Parties
Applicant: Christopher Docherty-Puncheon; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
29 October 2013
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction and Sentence
Outcome
appeal dismissed
Legal Topics
Murder, Admissibility of Evidence, Prior Inconsistent Statements, Minimum Term Sentencing, Abuse of Process
Criminal Law Murder Admissibility of Evidence Prior Inconsistent Statements Minimum Term Sentencing Abuse of Process

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Parties

Christopher Docherty-Puncheon

Applicant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction is unsafe due to the judge's failure to direct the jury on the evidential status of prior inconsistent statements under section 119 of the Criminal Justice Act 2003
  2. 2 Whether the minimum term of 32 years imposed was manifestly excessive given the circumstances and time already served

Ratio Decidendi

The judge's directions to the jury regarding prior inconsistent statements were adequate and any omission did not render the conviction unsafe. The sentence imposed was not manifestly excessive or wrong in principle given the seriousness of the offences and the applicant's criminal history.

Court Disposition

appeal dismissed

Orders

  • Application for leave to appeal against conviction refused.
  • Application for leave to appeal against sentence refused.