H, R (on the application of) v DPP

H, R (on the application of) v DPP

The officer was entitled to treat the case as one of pure recognition between individuals well known to each other, making an identification parade unnecessary. The magistrates were correct in refusing to exclude the identification evidence, and the evidence was sufficient to justify a finding of guilt.

Parties
Claimant: H; Defendant: DPP
Jurisdiction
England and Wales
Judgment Date
24 January 2003
Procedural Posture
Criminal Appeal / Judgment on Appeal by Way of Case Stated
Outcome
appeal dismissed
Legal Topics
Identification Evidence, Youth Justice, Assault Occasioning Actual Bodily Harm, Police and Criminal Evidence Act Compliance
Criminal Law Evidence Identification Evidence Youth Justice Assault Occasioning Actual Bodily Harm Police and Criminal Evidence Act Compliance

Case Brief

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Parties

H

Claimant

DPP

Defendant

Procedural Posture

Criminal Appeal / Judgment on Appeal by Way of Case Stated

Legal Issues

  1. 1 Whether the justices were correct in refusing to exclude identification evidence under Section 78 Police and Criminal Evidence Act 1984 where no identification parade was held as required by Code D
  2. 2 Whether a finding of guilt for Assault Occasioning Actual Bodily Harm can be made based solely on identification evidence by the aggrieved in circumstances of purported recognition

Ratio Decidendi

The officer was entitled to treat the case as one of pure recognition between individuals well known to each other, making an identification parade unnecessary. The magistrates were correct in refusing to exclude the identification evidence, and the evidence was sufficient to justify a finding of guilt.

Court Disposition

appeal dismissed