Gaston, R. v

Gaston, R. v

The trial judge properly admitted the appellant's previous convictions for knife offences as bad character evidence relevant to propensity and identification, gave appropriate directions to the jury, and imposed a justified extended sentence based on the appellant's dangerousness and offending history.

Parties
Prosecution: Regina; Appellant: Daeshaun Gaston; Co Defendant: Nathan Small; Co Defendant: Kyle Rose-Green
Jurisdiction
England and Wales
Judgment Date
14 March 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeal against conviction and sentence dismissed
Legal Topics
Identification Evidence, Bad Character Evidence, Sentencing, Dangerousness, Extended Sentence, Propensity, Fairness of Proceedings
Criminal Law Identification Evidence Bad Character Evidence Sentencing Dangerousness Extended Sentence Propensity Fairness of Proceedings

Case Brief

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Parties

Regina

Prosecution

Daeshaun Gaston

Appellant

Nathan Small

Co Defendant

Kyle Rose-Green

Co Defendant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in admitting previous convictions as bad character evidence
  2. 2 Whether the identification evidence was sufficient and properly summed up
  3. 3 Whether the extended sentence imposed was manifestly excessive or disparate

Ratio Decidendi

The trial judge properly admitted the appellant's previous convictions for knife offences as bad character evidence relevant to propensity and identification, gave appropriate directions to the jury, and imposed a justified extended sentence based on the appellant's dangerousness and offending history.

Court Disposition

appeal against conviction and sentence dismissed

Orders

  • conviction and sentence affirmed
  • no further relief granted