Alecu v R.

Alecu v R.

The fresh evidence from Cirlan and Casaneanu was not credible due to inconsistencies and apparent collaboration, and was therefore not admitted. The cell site evidence, properly analysed, supported the prosecution case and did not undermine the safety of the verdict. The appellant's explanation was not credible and the evidence of joint enterprise was overwhelming. The verdict was not unsafe.

Parties
Appellant: Gabriel Alecu; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
15 May 2012
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Murder, Joint Enterprise, Fresh Evidence, Cell Site Evidence, Misdirection, Unsafe Verdict
Criminal Law Murder Joint Enterprise Fresh Evidence Cell Site Evidence Misdirection Unsafe Verdict

Case Brief

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Parties

Gabriel Alecu

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether fresh evidence from Cirlan and Casaneanu should be admitted under section 23 Criminal Appeal Act 1968
  2. 2 Whether the trial judge misdirected the jury regarding cell site evidence
  3. 3 Whether the verdict was unsafe

Ratio Decidendi

The fresh evidence from Cirlan and Casaneanu was not credible due to inconsistencies and apparent collaboration, and was therefore not admitted. The cell site evidence, properly analysed, supported the prosecution case and did not undermine the safety of the verdict. The appellant's explanation was not credible and the evidence of joint enterprise was overwhelming. The verdict was not unsafe.

Court Disposition

appeal dismissed