GM, R. v [2016] EWCA Crim 565 (18 March 2016)

GM, R. v [2016] EWCA Crim 565 (18 March 2016)

Any omissions in the judge's directions regarding adverse inference and alibi were not material in the context of the summing-up as a whole; the conviction is safe.

Citation
[2016] EWCA Crim 565
Parties
Appellant: GM; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
18 March 2016
Procedural Posture
Criminal Appeal / Appeal From Conviction Following Reference by Criminal Cases Review Commission
Outcome
appeal dismissed
Legal Topics
Robbery, Adverse Inference, Alibi, Summing Up, Section 34 Criminal Justice and Public Order Act 1994
Criminal Law Robbery Adverse Inference Alibi Summing Up Section 34 Criminal Justice and Public Order Act 1994

Case Brief

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Parties

GM

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction Following Reference by Criminal Cases Review Commission

Legal Issues

  1. 1 Whether the trial judge's summing-up contained material misdirections regarding adverse inference and alibi directions
  2. 2 Whether the conviction is unsafe due to alleged misdirections

Ratio Decidendi

Any omissions in the judge's directions regarding adverse inference and alibi were not material in the context of the summing-up as a whole; the conviction is safe.

Court Disposition

appeal dismissed

Orders

  • Conviction upheld
  • No order as to costs