Grigsby, R. v [2009] EWCA Crim 220 (10 February 2009)

Grigsby, R. v [2009] EWCA Crim 220 (10 February 2009)

Despite discrepancies in the complainant's description, the identification was not based on a fleeting glance but on a significant opportunity to observe under good lighting, and the judge was entitled to leave the case to the jury.

Citation
[2009] EWCA Crim 220
Parties
Respondent: Regina; Appellant: Daniel Grigsby
Jurisdiction
England and Wales
Judgment Date
10 February 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Identification Evidence, Sexual Offences, Appeal Procedure
Criminal Law Identification Evidence Sexual Offences Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Daniel Grigsby

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether discrepancies in witness description required withdrawal of case from jury
  2. 2 Application of Turnbull guidelines on identification evidence

Ratio Decidendi

Despite discrepancies in the complainant's description, the identification was not based on a fleeting glance but on a significant opportunity to observe under good lighting, and the judge was entitled to leave the case to the jury.

Court Disposition

appeal dismissed

Orders

  • Conviction upheld