REGINA v GARY ARTHUR ALLEN

REGINA v GARY ARTHUR ALLEN

The judge did not misdirect the jury regarding identification evidence, nor did he err in prohibiting the question about certainty. The sentence imposed was within the range properly open to the judge given the aggravating features. Both appeals are dismissed.

Parties
Appellant: Gary Arthur Allen; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
28 April 2022
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeal dismissed
Legal Topics
Murder, Appeal Against Conviction, Appeal Against Sentence, Identification Evidence, Sentencing Principles
Criminal Law Murder Appeal Against Conviction Appeal Against Sentence Identification Evidence Sentencing Principles

Case Brief

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Parties

Gary Arthur Allen

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in his approach to identification evidence given by defence witnesses
  2. 2 Whether the trial judge wrongly prohibited defence counsel from eliciting certainty of identification from a witness
  3. 3 Whether the minimum term of 37 years imposed was manifestly excessive

Ratio Decidendi

The judge did not misdirect the jury regarding identification evidence, nor did he err in prohibiting the question about certainty. The sentence imposed was within the range properly open to the judge given the aggravating features. Both appeals are dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal against conviction dismissed
  • Appeal against sentence dismissed