Keane, R. v

Keane, R. v

The convictions are safe; the evidence, including CCTV, demonstrates clear intent to cause really serious harm, and the appellant did not act in self-defence. The prior conviction was properly admitted under section 74(3) of PACE, which is compatible with Article 6 ECHR. Fresh evidence does not undermine the safety of the conviction, and criticisms of the summing-up do not warrant intervention.

Parties
Respondent: Regina; Appellant: David Keane
Jurisdiction
England and Wales
Judgment Date
18 November 2016
Procedural Posture
Criminal Appeal / Judgment
Outcome
application for leave to appeal in trial 1 refused; appeal in trial 2 dismissed
Legal Topics
Murder, Grievous Bodily Harm, Self Defence, Admissibility of Prior Convictions, Burden of Proof, Fair Trial, Fresh Evidence
Criminal Law Murder Grievous Bodily Harm Self Defence Admissibility of Prior Convictions Burden of Proof Fair Trial Fresh Evidence

Case Brief

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Parties

Regina

Respondent

David Keane

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the conviction for causing grievous bodily harm with intent (section 18 Offences Against the Person Act 1861) and subsequent murder conviction are safe
  2. 2 Whether fresh evidence should be admitted
  3. 3 Whether the judge erred in admitting prior conviction under section 74(3) of PACE

Ratio Decidendi

The convictions are safe; the evidence, including CCTV, demonstrates clear intent to cause really serious harm, and the appellant did not act in self-defence. The prior conviction was properly admitted under section 74(3) of PACE, which is compatible with Article 6 ECHR. Fresh evidence does not undermine the safety of the conviction, and criticisms of the summing-up do not warrant intervention.

Court Disposition

application for leave to appeal in trial 1 refused; appeal in trial 2 dismissed

Orders

  • application for leave to adduce fresh evidence refused
  • application for extension of time refused