Wilson, R. v [2018] EWCA Crim 1352 (15 March 2018)

Wilson, R. v [2018] EWCA Crim 1352 (15 March 2018)

The directions on hearsay, expert, and background evidence, though not ideal, did not amount to material misdirection or render the conviction unsafe; the sentence was justified by the aggravating features of domestic violence and use of a knife, and was not manifestly excessive.

Citation
[2018] EWCA Crim 1352
Parties
Prosecution: Regina; Applicant: Gavin Arthur Wilson
Jurisdiction
England and Wales
Judgment Date
15 March 2018
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence
Outcome
renewed application for leave to appeal against conviction and sentence dismissed
Legal Topics
Murder, Hearsay Evidence, Bad Character Evidence, Expert Evidence, Domestic Violence, Sentencing
Criminal Law Murder Hearsay Evidence Bad Character Evidence Expert Evidence Domestic Violence Sentencing

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Parties

Regina

Prosecution

Gavin Arthur Wilson

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the jury was misdirected on hearsay evidence
  2. 2 Whether inadmissible expert evidence was adduced
  3. 3 Whether hearsay evidence from Angela Burgess was improperly admitted

Ratio Decidendi

The directions on hearsay, expert, and background evidence, though not ideal, did not amount to material misdirection or render the conviction unsafe; the sentence was justified by the aggravating features of domestic violence and use of a knife, and was not manifestly excessive.

Court Disposition

renewed application for leave to appeal against conviction and sentence dismissed

Orders

  • Leave to appeal against conviction refused
  • Leave to appeal against sentence refused