Oni & Ors v R. [2024] EWCA Crim 893 (31 July 2024)

Oni & Ors v R. [2024] EWCA Crim 893 (31 July 2024)

Leave to appeal is granted on grounds relating to the law and directions on conspiracy, the use of co-defendants' guilty pleas, section 34 CJPOA 1994 directions, admissibility of 'cash by ear' photographs, and identification evidence against Mr Adedeji. Leave to appeal against sentence is granted on the basis that the judge may have taken into account actions outside the relevant conspiracy. Leave is refused on all other grounds as they do not render the convictions unsafe.

Citation
[2024] EWCA Crim 893
Parties
Applicant: Harry Oni; Applicant: Jeffrey Ojo; Applicant: Brooklyn Jitoboh; Applicant: Martin Thomas (Junior); Applicant: Ademola Roheez Mark Adedeji; Applicant: Raymond Savi; Applicant: Omolade Okoya; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
31 July 2024
Procedural Posture
Criminal Appeal / Leave to Appeal Against Conviction and Sentence; Extension of Time
Outcome
Leave to appeal granted in part, refused in part; extension of time granted; reporting restrictions imposed pending outcome of appeals.
Legal Topics
Conspiracy, Violent Disorder, Hearsay Evidence, Bad Character Evidence, Sentencing, Gang Evidence, Directions to Jury, Fresh Evidence, Extension of Time
Criminal Law Conspiracy Violent Disorder Hearsay Evidence Bad Character Evidence Sentencing Gang Evidence Directions to Jury +2 more

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Parties

Harry Oni

Applicant

Jeffrey Ojo

Applicant

Brooklyn Jitoboh

Applicant

Martin Thomas (Junior)

Applicant

Ademola Roheez Mark Adedeji

Applicant

Raymond Savi

Applicant

Omolade Okoya

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Conviction and Sentence; Extension of Time

Legal Issues

  1. 1 Whether the trial judge erred in directions on conspiracy and the use of guilty pleas by co-defendants
  2. 2 Whether evidence admitted (gang evidence, drill lyrics, hearsay, images) was inadmissible or unfairly prejudicial
  3. 3 Whether section 34 Criminal Justice and Public Order Act 1994 directions were adequate

Ratio Decidendi

Leave to appeal is granted on grounds relating to the law and directions on conspiracy, the use of co-defendants' guilty pleas, section 34 CJPOA 1994 directions, admissibility of 'cash by ear' photographs, and identification evidence against Mr Adedeji. Leave to appeal against sentence is granted on the basis that the judge may have taken into account actions outside the relevant conspiracy. Leave is refused on all other grounds as they do not render the convictions unsafe.

Court Disposition

Leave to appeal granted in part, refused in part; extension of time granted; reporting restrictions imposed pending outcome of appeals.

Orders

  • Leave to appeal against conviction granted on specified grounds relating to conspiracy, section 34 CJPOA 1994, cash by ear photographs, and identification evidence for Mr Adedeji.
  • Leave to appeal against sentence granted on specified grounds.