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
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dominic Lee Wroe
Applicant
Regina
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Legal Issues
- 1 Whether the trial judge erred in not withdrawing the case from the jury due to poor identification evidence
- 2 Whether the jury's request to see the identification photograph rendered the conviction unsafe
- 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
Full Case Text
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