Higgins & Anor v The Crown [2010] EWCA Crim 308 (24 February 2010)

Higgins & Anor v The Crown [2010] EWCA Crim 308 (24 February 2010)

Despite concerns about the judge's directions on the hair sample evidence and bad character, the convictions were not rendered unsafe due to the strength of the evidence against the appellants, particularly the sequence of withdrawals and attempted withdrawals using the complainant's bank card, which was inconsistent with the defence case.

Citation
[2010] EWCA Crim 308
Parties
Appellant: Craig John Higgins; Appellant: Richard Michael Phillip Guy; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
24 February 2010
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Robbery, Kidnapping, Fraud, Assault Occasioning Actual Bodily Harm, Bad Character Evidence, Adverse Inference From Silence, Jury Directions
Criminal Law Robbery Kidnapping Fraud Assault Occasioning Actual Bodily Harm Bad Character Evidence Adverse Inference From Silence Jury Directions

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Craig John Higgins

Appellant

Richard Michael Phillip Guy

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge's handling of evidence regarding drug use and hair sample testing rendered the conviction unsafe
  2. 2 Whether the judge's direction on bad character evidence was unfair or usurped the jury's function
  3. 3 Whether the adverse inference direction regarding the second appellant's silence was appropriate

Ratio Decidendi

Despite concerns about the judge's directions on the hair sample evidence and bad character, the convictions were not rendered unsafe due to the strength of the evidence against the appellants, particularly the sequence of withdrawals and attempted withdrawals using the complainant's bank card, which was inconsistent with the defence case.

Court Disposition

appeal dismissed

Orders

  • Convictions upheld for both appellants
  • No adjournment for further forensic report