Callum v R

Callum v R

The identification evidence, though at the borderline of admissibility due to the risk of contamination, was properly left to the jury with adequate directions as to its weaknesses and the risks of contamination. The defence had full opportunity to challenge the reliability of the evidence. The judge's directions were sufficient and the verdict was safe.

Parties
Appellant: Jermaine Callum; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
16 June 2010
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed; conviction upheld
Legal Topics
Identification Evidence, Admissibility of Evidence, Contamination of Evidence, Jury Directions, Section 78 Police and Criminal Evidence Act 1984

Case Brief

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Parties

Jermaine Callum

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

  1. 1 Whether identification evidence of two prosecution witnesses should have been admitted
  2. 2 Whether the state of the identification evidence rendered the conviction unsafe
  3. 3 Whether the trial judge gave adequate directions to the jury regarding the risks of contamination and reliability of identification evidence

Ratio Decidendi

The identification evidence, though at the borderline of admissibility due to the risk of contamination, was properly left to the jury with adequate directions as to its weaknesses and the risks of contamination. The defence had full opportunity to challenge the reliability of the evidence. The judge's directions were sufficient and the verdict was safe.

Court Disposition

Appeal dismissed; conviction upheld