Davies v R.

Davies v R.

The decision not to apply to discharge the jury was a tactical decision made in good faith by trial counsel with the appellant's agreement. The judge's directions to the jury were sufficient to cure any prejudice from the identification evidence. The trial process was not rendered unfair, and the conviction is safe.

Parties
Appellant: David John Davies; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
01 March 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Robbery, Admissibility of Evidence, Identification Evidence, Alibi, Trial Counsel Competence, Jury Discharge, Unsafe Conviction
Criminal Law Robbery Admissibility of Evidence Identification Evidence Alibi Trial Counsel Competence Jury Discharge Unsafe Conviction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

David John Davies

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether trial counsel's failure to apply for jury discharge after prejudicial identification evidence rendered the conviction unsafe
  2. 2 Whether the judge's directions to the jury were sufficient to cure any prejudice
  3. 3 Whether the tactical decisions made by trial counsel were reasonable and agreed with the appellant

Ratio Decidendi

The decision not to apply to discharge the jury was a tactical decision made in good faith by trial counsel with the appellant's agreement. The judge's directions to the jury were sufficient to cure any prejudice from the identification evidence. The trial process was not rendered unfair, and the conviction is safe.

Court Disposition

appeal dismissed

Orders

  • Conviction upheld
  • No order as to costs