Denham & Anor v R.

Denham & Anor v R.

The trial judge correctly applied the law regarding admissibility and fairness of evidence under s.74 and s.78 PACE; the evidence admitted did not unfairly prejudice the defence or close off issues for the jury; there was sufficient evidence for Stansfield to answer count 2; Denham's sentence was not manifestly excessive.

Parties
Appellant: John Denham; Appellant: Matthew Stansfield; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
28 July 2016
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; application for leave to appeal sentence refused.
Legal Topics
Conspiracy, Sexual Offences, Admissibility of Evidence, Sentencing
Criminal Law Conspiracy Sexual Offences Admissibility of Evidence Sentencing

Case Brief

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Parties

John Denham

Appellant

Matthew Stansfield

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in admitting evidence of guilty pleas of co-accused under s.74 PACE
  2. 2 Whether the evidence admitted unfairly prejudiced the defence
  3. 3 Whether there was sufficient evidence for Stansfield to answer count 2

Ratio Decidendi

The trial judge correctly applied the law regarding admissibility and fairness of evidence under s.74 and s.78 PACE; the evidence admitted did not unfairly prejudice the defence or close off issues for the jury; there was sufficient evidence for Stansfield to answer count 2; Denham's sentence was not manifestly excessive.

Court Disposition

Appeal against conviction dismissed; application for leave to appeal sentence refused.

Orders

  • Denham's application for leave to appeal sentence refused.
  • Stansfield's appeal against conviction dismissed.