Hay, R. v [2017] EWCA Crim 1851 (03 November 2017)

Hay, R. v [2017] EWCA Crim 1851 (03 November 2017)

The evidence of the appellant's previous conviction was properly admitted under section 101(1)(d) of the Criminal Justice Act 2003 as relevant to rebut the explanation of innocent association and coincidence, and the jury was sufficiently directed on its use; there was no material misdirection and the conviction is safe.

Citation
[2017] EWCA Crim 1851
Parties
Prosecution: Regina; Appellant: Daniel Glen Hay
Jurisdiction
England and Wales
Judgment Date
03 November 2017
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Robbery, Bad Character Evidence, Propensity, Admissibility of Evidence, Jury Directions
Criminal Law Robbery Bad Character Evidence Propensity Admissibility of Evidence Jury Directions

Case Brief

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Parties

Regina

Prosecution

Daniel Glen Hay

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge erred in admitting evidence of the appellant's previous conviction for robbery under section 101(1)(d) of the Criminal Justice Act 2003
  2. 2 Whether the jury was properly directed on the relevance and use of the previous conviction

Ratio Decidendi

The evidence of the appellant's previous conviction was properly admitted under section 101(1)(d) of the Criminal Justice Act 2003 as relevant to rebut the explanation of innocent association and coincidence, and the jury was sufficiently directed on its use; there was no material misdirection and the conviction is safe.

Court Disposition

appeal dismissed