Atkins & Anor v R

Atkins & Anor v R

A suitably qualified expert in facial comparison may express his opinion as to the significance of similarities and/or dissimilarities using conventional expressions arranged in a hierarchy, even in the absence of a statistical database, provided the subjective nature of the opinion is made clear to the jury. The judge's directions were adequate and the convictions are safe. The sentences imposed were not manifestly excessive given the gravity and totality of the offences.

Parties
Appellant: Dean Atkins; Appellant: Michael Atkins; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
02 October 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals against conviction dismissed; applications for leave to appeal against sentence refused.
Legal Topics
Expert Evidence, Facial Mapping, Admissibility of Opinion Evidence, Identification, Sentencing
Criminal Law Evidence Expert Evidence Facial Mapping Admissibility of Opinion Evidence Identification Sentencing

Case Brief

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Parties

Dean Atkins

Appellant

Michael Atkins

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether a facial mapping expert may express conclusions using a sliding scale of support in the absence of a statistical database
  2. 2 Whether such expressions are admissible or should be confined to similarities/dissimilarities only
  3. 3 Whether the sentences imposed were manifestly excessive

Ratio Decidendi

A suitably qualified expert in facial comparison may express his opinion as to the significance of similarities and/or dissimilarities using conventional expressions arranged in a hierarchy, even in the absence of a statistical database, provided the subjective nature of the opinion is made clear to the jury. The judge's directions were adequate and the convictions are safe. The sentences imposed were not manifestly excessive given the gravity and totality of the offences.

Court Disposition

Appeals against conviction dismissed; applications for leave to appeal against sentence refused.

Orders

  • Convictions upheld for both appellants.
  • Applications for leave to appeal against sentence refused.