Johnson, R v

Johnson, R v

The judge was justified in admitting the appellant's bad character evidence under section 101(1)(g) and allowing the jury to consider it for propensity, with proper directions. The judge was also entitled, applying the criminal standard, to find that the appellant brought a knife to the scene, justifying the sentence imposed.

Parties
Appellant: Dwayne Anthony Johnson; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
24 May 2019
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeal against conviction and sentence dismissed
Legal Topics
Bad Character Evidence, Propensity, Murder, Sentencing, Criminal Justice Act 2003
Criminal Law Bad Character Evidence Propensity Murder Sentencing Criminal Justice Act 2003

Case Brief

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Parties

Dwayne Anthony Johnson

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge was justified in permitting evidence of the appellant's bad character to be adduced before the jury
  2. 2 Whether the sentence was wrong in principle or manifestly excessive due to the finding that the appellant brought a knife to the scene

Ratio Decidendi

The judge was justified in admitting the appellant's bad character evidence under section 101(1)(g) and allowing the jury to consider it for propensity, with proper directions. The judge was also entitled, applying the criminal standard, to find that the appellant brought a knife to the scene, justifying the sentence imposed.

Court Disposition

appeal against conviction and sentence dismissed

Orders

  • Conviction for murder upheld
  • Sentence of life imprisonment with minimum term of 21 years less time on remand confirmed