Thomas & Ors, R. v

Thomas & Ors, R. v

The jury's verdicts were not inconsistent as they could have been sure of Thomas's involvement in violent disorder and conspiracy but not sure of his participation in the fatal attack; bad character evidence against Rahimi was properly admitted as relevant to his propensity; descriptive evidence against Cyrus did not require a Turnbull direction; sentences for Thomas and Rahimi on count 2 were unlawful and reduced to statutory maximum; Williams's minimum term reduced to reflect age and role.

Parties
Respondent: Regina; Appellant: Daniel Thomas; Appellant: C; Appellant: Joshua Williams; Appellant: Ramin Rahimi; Appellant: Carlos Cyrus
Jurisdiction
England and Wales
Judgment Date
11 February 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeals against conviction dismissed; appeals against sentence allowed in part for Thomas, Rahimi, and Williams; Cyrus's appeal against sentence dismissed.
Legal Topics
Violent Disorder, Conspiracy to Cause Grievous Bodily Harm, Manslaughter, Murder, Bad Character Evidence, Joint Enterprise, Sentencing, Identification Evidence
Criminal Law Violent Disorder Conspiracy to Cause Grievous Bodily Harm Manslaughter Murder Bad Character Evidence Joint Enterprise Sentencing +1 more

Case Brief

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Parties

Regina

Respondent

Daniel Thomas

Appellant

C

Appellant

Joshua Williams

Appellant

Ramin Rahimi

Appellant

Carlos Cyrus

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether verdicts against Thomas were inconsistent
  2. 2 Admissibility of bad character evidence against Rahimi
  3. 3 Sufficiency of identification evidence against Cyrus

Ratio Decidendi

The jury's verdicts were not inconsistent as they could have been sure of Thomas's involvement in violent disorder and conspiracy but not sure of his participation in the fatal attack; bad character evidence against Rahimi was properly admitted as relevant to his propensity; descriptive evidence against Cyrus did not require a Turnbull direction; sentences for Thomas and Rahimi on count 2 were unlawful and reduced to statutory maximum; Williams's minimum term reduced to reflect age and role.

Court Disposition

Appeals against conviction dismissed; appeals against sentence allowed in part for Thomas, Rahimi, and Williams; Cyrus's appeal against sentence dismissed.

Orders

  • Thomas's sentence on count 2 quashed and substituted with 5 years extended sentence (4 years custodial less 170 days remand, 1 year licence)
  • Rahimi's sentence on count 2 quashed and substituted with 5 years extended sentence (4 years custodial less 328 days remand, 1 year licence)