Higgins & Anor v The Crown

Higgins & Anor v The Crown

Despite some criticism of the judge's directions regarding drug evidence, character, and adverse inference, the convictions are not unsafe given the strength of the evidence against the appellants, particularly the sequence of bank withdrawals and witness testimony.

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 / Judgment on Appeal
Outcome
appeals dismissed
Legal Topics
Robbery, Kidnapping, Fraud, Assault Occasioning Actual Bodily Harm, Bad Character Evidence, Adverse Inference, Jury Directions
Criminal Law Robbery Kidnapping Fraud Assault Occasioning Actual Bodily Harm Bad Character Evidence Adverse Inference Jury Directions

Case Brief

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Parties

Craig John Higgins

Appellant

Richard Michael Phillip Guy

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge's handling of evidence regarding drug use and hair sample testing rendered the convictions unsafe
  2. 2 Whether the character direction given by the judge was improper and prejudicial
  3. 3 Whether the adverse inference direction regarding the appellant not giving evidence was appropriate

Ratio Decidendi

Despite some criticism of the judge's directions regarding drug evidence, character, and adverse inference, the convictions are not unsafe given the strength of the evidence against the appellants, particularly the sequence of bank withdrawals and witness testimony.

Court Disposition

appeals dismissed