H, R (on the application of) v DPP [2003] EWHC 133 (Admin) (24 January 2003)

H, R (on the application of) v DPP [2003] EWHC 133 (Admin) (24 January 2003)

The officer was entitled to treat the case as one of pure recognition between individuals well known to each other, making an identity parade futile; the magistrates were correct in admitting the identification evidence and finding guilt based on the victim's recognition.

Citation
[2003] EWHC 133 (Admin)
Parties
Claimant: H; Defendant: DPP
Jurisdiction
England and Wales
Judgment Date
24 January 2003
Procedural Posture
Appeal by Way of Case Stated / Judgment
Outcome
appeal dismissed
Legal Topics
Identification Evidence, Recognition Evidence, Exclusion of Evidence, Youth Court Procedure
Criminal Law Evidence Identification Evidence Recognition Evidence Exclusion of Evidence Youth Court Procedure

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 5 Party arguments 2
Sign in to unlock

Parties

H

Claimant

DPP

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment

Legal Issues

  1. 1 Whether identification evidence should be excluded under section 78 Police and Criminal Evidence Act 1984 due to lack of identity parade as required by Code D
  2. 2 Whether a finding of guilt for Assault Occasioning Actual Bodily Harm can be made based solely on recognition evidence by the victim

Ratio Decidendi

The officer was entitled to treat the case as one of pure recognition between individuals well known to each other, making an identity parade futile; the magistrates were correct in admitting the identification evidence and finding guilt based on the victim's recognition.

Court Disposition

appeal dismissed

Orders

  • The magistrates' decision is upheld; finding of guilt stands.