Pryer & Ors, R. v [2004] EWCA Crim 1163 (07 April 2004)

Pryer & Ors, R. v [2004] EWCA Crim 1163 (07 April 2004)

Despite the inconsistencies and admitted lies in the evidence of the principal prosecution witness, it was open to the jury to accept his evidence that the appellants were present at the scene. The judge was correct to leave the case to the jury. The convictions are safe. In relation to Walker, the sentence was reduced to six months' imprisonment to reflect parity with co-defendants and the overall circumstances.

Citation
[2004] EWCA Crim 1163
Parties
Prosecution: Regina; Appellant/defendant: Ashley Trevor Pryer; Appellant/defendant: Paul Sparkes; Appellant/defendant: Benjamin Jon Walker; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
07 April 2004
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals against conviction dismissed; appeal against sentence allowed in part.
Legal Topics
Violent Disorder, Evidential Reliability, Appeal Against Conviction, Appeal Against Sentence, Joint Enterprise
Criminal Law Violent Disorder Evidential Reliability Appeal Against Conviction Appeal Against Sentence Joint Enterprise

Case Brief

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Parties

Regina

Prosecution

Ashley Trevor Pryer

Appellant/defendant

Paul Sparkes

Appellant/defendant

Benjamin Jon Walker

Appellant/defendant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the convictions of Pryer and Sparkes for violent disorder were safe given the inconsistencies in the principal prosecution witness's evidence
  2. 2 Whether the sentence imposed on Benjamin Walker for violent disorder was manifestly excessive in light of sentences imposed on co-defendants

Ratio Decidendi

Despite the inconsistencies and admitted lies in the evidence of the principal prosecution witness, it was open to the jury to accept his evidence that the appellants were present at the scene. The judge was correct to leave the case to the jury. The convictions are safe. In relation to Walker, the sentence was reduced to six months' imprisonment to reflect parity with co-defendants and the overall circumstances.

Court Disposition

Appeals against conviction dismissed; appeal against sentence allowed in part.

Orders

  • Convictions of Pryer and Sparkes upheld.
  • Walker's sentence reduced from 12 months to 6 months' imprisonment.