Francis, R. v [1998] EWCA Crim 92 (15 January 1998)

Francis, R. v [1998] EWCA Crim 92 (15 January 1998)

The judge's direction on false imprisonment was correct in law, the acquittal of H did not render the convictions perverse due to her different role and circumstances, and the hearsay evidence from the complainant's mother was admissible as evidence of restraint. There was no merit in any of the grounds of appeal and the conviction was not unsafe.

Citation
[1998] EWCA Crim 92
Parties
Prosecution: Regina; Applicant: Emmanuel Francis
Jurisdiction
England and Wales
Judgment Date
15 January 1998
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction (renewed After Refusal by Single Judge)
Outcome
Application for leave to appeal against conviction refused
Legal Topics
False Imprisonment, Blackmail, Robbery, Jury Directions, Hearsay Evidence, Perverse Verdict
Criminal Law False Imprisonment Blackmail Robbery Jury Directions Hearsay Evidence Perverse Verdict

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Parties

Regina

Prosecution

Emmanuel Francis

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction (renewed After Refusal by Single Judge)

Legal Issues

  1. 1 Whether the judge's direction on false imprisonment was correct
  2. 2 Whether the conviction was perverse given the acquittal of a co-accused
  3. 3 Whether hearsay evidence from the complainant's mother was admissible

Ratio Decidendi

The judge's direction on false imprisonment was correct in law, the acquittal of H did not render the convictions perverse due to her different role and circumstances, and the hearsay evidence from the complainant's mother was admissible as evidence of restraint. There was no merit in any of the grounds of appeal and the conviction was not unsafe.

Court Disposition

Application for leave to appeal against conviction refused