R v DS

R v DS

The judge was entitled to admit PC Challis' identification evidence and leave its reliability to the jury, and there was sufficient evidence for the case to go to the jury. The appeal against conviction fails.

Parties
Appellant: DS; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
01 May 2014
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Identification Evidence, Admissibility of Evidence, Robbery, Procedural Fairness
Criminal Law Identification Evidence Admissibility of Evidence Robbery Procedural Fairness

Case Brief

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Parties

DS

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the judge erred in admitting PC Challis' identification evidence under section 78 of the Police and Criminal Evidence Act 1984
  2. 2 Whether the judge erred in rejecting the submission of no case to answer based on the quality of identification evidence

Ratio Decidendi

The judge was entitled to admit PC Challis' identification evidence and leave its reliability to the jury, and there was sufficient evidence for the case to go to the jury. The appeal against conviction fails.

Court Disposition

appeal dismissed

Orders

  • conviction upheld
  • sentence and victim surcharge order remain