Franklin & Ors, R. v

Franklin & Ors, R. v

The judge's directions on joint enterprise, bad character, and identification were adequate and in accordance with the law. The procedural irregularities identified did not render the convictions unsafe. The sentences imposed were appropriate except for Woods, where an extended sentence was substituted for detention for public protection.

Parties
Respondent: Regina; Appellant: Franklin; Appellant: Salau; Appellant: Gabbidon; Appellant: Woods
Jurisdiction
England and Wales
Judgment Date
11 February 2013
Procedural Posture
Criminal Appeal / Appeal Against Conviction And/or Sentence
Outcome
Appeals by Gabbidon, Salau, and Franklin dismissed; Woods' appeal against sentence allowed in part.
Legal Topics
Joint Enterprise, Bad Character Evidence, Identification Evidence, Sentencing, Appeal Procedure
Criminal Law Joint Enterprise Bad Character Evidence Identification Evidence Sentencing Appeal Procedure

Case Brief

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Parties

Regina

Respondent

Franklin

Appellant

Salau

Appellant

Gabbidon

Appellant

Woods

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction And/or Sentence

Legal Issues

  1. 1 Whether the trial judge erred in directions on joint enterprise
  2. 2 Whether bad character evidence was properly admitted
  3. 3 Whether the identification evidence was properly directed

Ratio Decidendi

The judge's directions on joint enterprise, bad character, and identification were adequate and in accordance with the law. The procedural irregularities identified did not render the convictions unsafe. The sentences imposed were appropriate except for Woods, where an extended sentence was substituted for detention for public protection.

Court Disposition

Appeals by Gabbidon, Salau, and Franklin dismissed; Woods' appeal against sentence allowed in part.

Orders

  • Gabbidon's renewed application for leave to appeal against conviction refused.
  • Gabbidon's appeal against sentence dismissed.