Dunn & Ors, R. v

Dunn & Ors, R. v

The conviction of James Lee Dunn is safe. The new material concerning Maria Vervoort's credibility does not undermine the safety of the conviction when considered with the other evidence, including Murray's testimony, the deceased's fear, and telephone records. The jury was properly warned to approach Vervoort's evidence with care, and her evidence was consistent in implicating Dunn. The appeal is dismissed.

Parties
Appellant: James Lee Dunn; Applicant: Luke Charles Turner; Applicant: Craig Noel Dooley; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
23 June 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Murder, Hearsay Evidence, Witness Credibility, Fresh Evidence, Appeal Against Conviction
Criminal Law Murder Hearsay Evidence Witness Credibility Fresh Evidence Appeal Against Conviction

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Parties

James Lee Dunn

Appellant

Luke Charles Turner

Applicant

Craig Noel Dooley

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the conviction of James Lee Dunn for murder is unsafe in light of new material concerning the credibility of prosecution witness Maria Vervoort
  2. 2 Whether the hearsay evidence admitted at trial rendered the convictions of Turner and Dooley unsafe
  3. 3 Whether the trial judge erred in refusing a submission of no case to answer for Dunn

Ratio Decidendi

The conviction of James Lee Dunn is safe. The new material concerning Maria Vervoort's credibility does not undermine the safety of the conviction when considered with the other evidence, including Murray's testimony, the deceased's fear, and telephone records. The jury was properly warned to approach Vervoort's evidence with care, and her evidence was consistent in implicating Dunn. The appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • Conviction of James Lee Dunn for murder is upheld.
  • Applications for leave to appeal by Turner and Dooley are adjourned pending the outcome of R v Horncastle & others in the House of Lords.