Freeman, R v

Freeman, R v

Evidence from one count was admissible as bad character evidence in relation to other counts under s.101(1)(d) of the Criminal Justice Act 2003. The judge's directions, though couched in terms of propensity, were sufficient and did not prejudice the appellants. There was no error in refusing severance or in rejecting submissions of no case to answer. The convictions were safe.

Parties
Prosecutor: R; Appellant: Daniel Robert Wallace Freeman; Appellant: Jerome Crawford
Jurisdiction
England and Wales
Judgment Date
08 August 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeals dismissed; convictions upheld
Legal Topics
Bad Character Evidence, Cross Admissibility, Propensity, Jury Directions, Severance of Indictment, Submission of No Case to Answer
Criminal Law Bad Character Evidence Cross Admissibility Propensity Jury Directions Severance of Indictment Submission of No Case to Answer

Case Brief

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Parties

R

Prosecutor

Daniel Robert Wallace Freeman

Appellant

Jerome Crawford

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Appropriate jury direction where bad character evidence is adduced under s.98 Criminal Justice Act 2003
  2. 2 Admissibility and use of evidence from one count to support another (cross-admissibility)
  3. 3 Whether the judge erred in refusing severance of counts

Ratio Decidendi

Evidence from one count was admissible as bad character evidence in relation to other counts under s.101(1)(d) of the Criminal Justice Act 2003. The judge's directions, though couched in terms of propensity, were sufficient and did not prejudice the appellants. There was no error in refusing severance or in rejecting submissions of no case to answer. The convictions were safe.

Court Disposition

Appeals dismissed; convictions upheld

Orders

  • Appeal against conviction dismissed for both Freeman and Crawford
  • Sentence for Freeman reduced from 42 months to 30 months imprisonment