Docherty -Puncheon, R. v

Docherty -Puncheon, R. v

The judge's approach to the evidence of prior inconsistent statements was proper and did not render the conviction unsafe; the sentence imposed was not manifestly excessive or wrong in principle given the facts and aggravating features.

Parties
Applicant: Christopher Docherty-Puncheon; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
29 October 2013
Procedural Posture
Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Conviction and Sentence
Outcome
appeal dismissed; application for leave to appeal against conviction and sentence refused
Legal Topics
Murder, Admissibility of Prior Inconsistent Statements, Sentencing, Confession Evidence, Abuse of Process
Criminal Law Murder Admissibility of Prior Inconsistent Statements Sentencing Confession Evidence Abuse of Process

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Parties

Christopher Docherty-Puncheon

Applicant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Judgment on Renewed 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

Ratio Decidendi

The judge's approach to the evidence of prior inconsistent statements was proper and did not render the conviction unsafe; the sentence imposed was not manifestly excessive or wrong in principle given the facts and aggravating features.

Court Disposition

appeal dismissed; application for leave to appeal against conviction and sentence refused