Heffernan, R. v
The trial judge made no error of law or principle in admitting the previous conviction as evidence of propensity, properly considered the fairness of its admission, and gave appropriate directions to the jury. The evidence, including DNA and witness descriptions, provided a case to answer. There were no arguable grounds of appeal.
- Parties
- Prosecution: Regina; Applicant: Eamonn Liam Heffernan
- Jurisdiction
- England and Wales
- Judgment Date
- 15 August 2006
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Against Conviction
- Outcome
- application for leave to appeal refused
- Legal Topics
- Bad Character Evidence, Admissibility of Previous Convictions, Identification Evidence, Jury Directions, DNA Evidence
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Eamonn Liam Heffernan
Applicant
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction
Legal Issues
- 1 Whether the trial judge erred in admitting evidence of a previous conviction as bad character evidence
- 2 Whether there was a case to answer at the close of the prosecution case
- 3 Whether the judge misdirected the jury on bad character evidence
Ratio Decidendi
The trial judge made no error of law or principle in admitting the previous conviction as evidence of propensity, properly considered the fairness of its admission, and gave appropriate directions to the jury. The evidence, including DNA and witness descriptions, provided a case to answer. There were no arguable grounds of appeal.
Court Disposition
application for leave to appeal refused
Orders
- Application for leave to appeal against conviction refused.
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