Stevens, R v [2003] EWCA Crim 3738 (01 December 2003)

Stevens, R v [2003] EWCA Crim 3738 (01 December 2003)

The judge was entitled to admit the VIPER identification evidence despite a breach of Code D, as the procedure was not unfair and the criticisms raised were not substantial. The summing-up was adequate and in line with legal guidance. The sentence was correct except that the minimum term (tariff) should be set at 5...

Source-derived case information.

Citation
[2003] EWCA Crim 3738
Parties
Appellant: Danny Stevens; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
01 December 2003
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; appeal against sentence allowed in part
Legal Topics
Identification Evidence, Sentencing, Wounding With Intent, Police and Criminal Evidence Act 1984, Code D Breach
Criminal Law Identification Evidence Sentencing Wounding With Intent Police and Criminal Evidence Act 1984 Code D Breach

Source-derived case record

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Parties

Danny Stevens

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the judge erred in admitting identification evidence obtained via the VIPER procedure
  2. 2 Whether the VIPER identification procedure was unfair or improperly conducted
  3. 3 Whether the judge's summing-up on identification evidence was adequate

Ratio Decidendi

The judge was entitled to admit the VIPER identification evidence despite a breach of Code D, as the procedure was not unfair and the criticisms raised were not substantial. The summing-up was adequate and in line with legal guidance. The sentence was correct except that the minimum term (tariff) should be set at 5 years less time served on remand, resulting in a minimum period of 4 years and 2 months before parole eligibility.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed in part

Orders

  • Conviction upheld on all counts
  • Life sentences to run concurrently