Gardner, R v [1997] EWCA Crim 904 (15 April 1997)

Gardner, R v [1997] EWCA Crim 904 (15 April 1997)

There was no evidence of incompetence in the preparation or conduct of the defence sufficient to render the conviction unsafe. The case was straightforward, the main issue was identification, and there was no inconsistency between the defendant's and alibi witnesses' evidence. The appeal against conviction is refused. However, the sentence of seven years' imprisonment is reduced to six years, having regard to comparable cases and the circumstances of the offence.

Citation
[1997] EWCA Crim 904
Parties
Appellant: David Gardner; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
15 April 1997
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction refused; appeal against sentence allowed in part
Legal Topics
Robbery, Identification Evidence, Ineffective Assistance of Counsel, Sentencing
Criminal Law Robbery Identification Evidence Ineffective Assistance of Counsel Sentencing

Case Brief

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Parties

David Gardner

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction is unsafe due to alleged incompetent conduct of the defence
  2. 2 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

There was no evidence of incompetence in the preparation or conduct of the defence sufficient to render the conviction unsafe. The case was straightforward, the main issue was identification, and there was no inconsistency between the defendant's and alibi witnesses' evidence. The appeal against conviction is refused. However, the sentence of seven years' imprisonment is reduced to six years, having regard to comparable cases and the circumstances of the offence.

Court Disposition

Appeal against conviction refused; appeal against sentence allowed in part

Orders

  • Conviction upheld
  • Sentence reduced from seven years to six years' imprisonment