Wroe, R. v

Wroe, R. v

The identification evidence, though not ideal, was not so poor as to require withdrawal from the jury. The trial judge was best placed to assess its quality and gave proper directions. The jury's note did not indicate an unsafe conviction, and the appellant was not deprived of a fair trial by the disclosure policy.

Source-derived case information.

Parties
Applicant: Dominic Lee Wroe; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
25 May 2012
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Identification Evidence, Fair Trial, Disclosure of Evidence, Jury Directions
Criminal Law Identification Evidence Fair Trial Disclosure of Evidence Jury Directions

Source-derived case record

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Parties

Dominic Lee Wroe

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

  1. 1 Whether the trial judge erred in not withdrawing the case from the jury due to poor identification evidence
  2. 2 Whether the jury's request to see the identification photograph rendered the conviction unsafe
  3. 3 Whether the appellant was denied a fair trial due to a blanket policy on disclosure of identification DVDs

Ratio Decidendi

The identification evidence, though not ideal, was not so poor as to require withdrawal from the jury. The trial judge was best placed to assess its quality and gave proper directions. The jury's note did not indicate an unsafe conviction, and the appellant was not deprived of a fair trial by the disclosure policy.

Court Disposition

appeal dismissed

Orders

  • conviction upheld