Roden & Anor, R v [2008] EWCA Crim 879 (23 April 2008)

Roden & Anor, R v [2008] EWCA Crim 879 (23 April 2008)

The Court held that the evidence of Price and Perkins was critical and credible, and that no new material or alleged failures by defence counsel or the trial process undermined the safety of the convictions. The explanations advanced for the presence of blood in Attwooll's car and the sighting of a blue Sierra did not bear scrutiny or affect the substantial evidence against the appellants. The appeals were dismissed as the convictions were found to be safe.

Citation
[2008] EWCA Crim 879
Parties
Prosecution: R; Appellant: John Roden; Appellant: Michael Attwooll
Jurisdiction
England and Wales
Judgment Date
23 April 2008
Procedural Posture
Criminal Appeal / Appeal Against Conviction Following Reference by Criminal Cases Review Commission Under Section 9 of the Criminal Appeal Act 1995
Outcome
appeal dismissed
Legal Topics
Murder, Appeal, Fresh Evidence, Safety of Conviction, Conduct of Defence, Witness Credibility
Criminal Law Murder Appeal Fresh Evidence Safety of Conviction Conduct of Defence Witness Credibility

Case Brief

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Parties

R

Prosecution

John Roden

Appellant

Michael Attwooll

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction Following Reference by Criminal Cases Review Commission Under Section 9 of the Criminal Appeal Act 1995

Legal Issues

  1. 1 Whether the convictions of John Roden and Michael Attwooll for murder are unsafe in light of new material and alleged failures by defence counsel and the trial process
  2. 2 Whether the evidence of key prosecution witnesses was undermined by police conduct or other factors
  3. 3 Whether the presence of blood in Attwooll's car could be explained by contamination during police investigation

Ratio Decidendi

The Court held that the evidence of Price and Perkins was critical and credible, and that no new material or alleged failures by defence counsel or the trial process undermined the safety of the convictions. The explanations advanced for the presence of blood in Attwooll's car and the sighting of a blue Sierra did not bear scrutiny or affect the substantial evidence against the appellants. The appeals were dismissed as the convictions were found to be safe.

Court Disposition

appeal dismissed