H & Ors v R

H & Ors v R

The judge's rulings on admissibility of bad character evidence were correct and did not render the trial unfair; fresh evidence was not relevant to grounds of appeal; sentences imposed were appropriate except for H, whose minimum term was reduced due to age and mitigation.

Parties
Appellant: H; Appellant: Sammi Tesfazgi; Appellant: Rilind Tahiri; Appellant: Ashley McFarland; Appellant: Kim McFarland; Respondent: R
Jurisdiction
England and Wales
Judgment Date
21 December 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeals against conviction dismissed; applications for leave to appeal refused; appeal against sentence allowed in part for H, dismissed for others.
Legal Topics
Bad Character Evidence, Joint Enterprise, Admissibility of Evidence, Fresh Evidence, Sentencing, Assisting Offender
Criminal Law Bad Character Evidence Joint Enterprise Admissibility of Evidence Fresh Evidence Sentencing Assisting Offender

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Parties

H

Appellant

Sammi Tesfazgi

Appellant

Rilind Tahiri

Appellant

Ashley McFarland

Appellant

Kim McFarland

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 admissibility of bad character evidence
  2. 2 joint enterprise liability
  3. 3 fresh evidence on appeal

Ratio Decidendi

The judge's rulings on admissibility of bad character evidence were correct and did not render the trial unfair; fresh evidence was not relevant to grounds of appeal; sentences imposed were appropriate except for H, whose minimum term was reduced due to age and mitigation.

Court Disposition

Appeals against conviction dismissed; applications for leave to appeal refused; appeal against sentence allowed in part for H, dismissed for others.

Orders

  • Minimum term for H reduced from 20 years to 18 years.
  • Applications for leave to appeal against conviction by Tesfazgi and Tahiri refused.