Cooper, Re Application for for leave to appeal [2012] EWCA Crim 2240 (01 November 2012)
The judge's directions to the jury were clear, accurate, and fair; any slip in language was corrected by the overall context and summing up. The evidence against the applicant was overwhelming and the defence's identification argument was properly left to the jury.
- Citation
- [2012] EWCA Crim 2240
- Parties
- Applicant: John William Cooper
- Jurisdiction
- England and Wales
- Judgment Date
- 01 November 2012
- Procedural Posture
- Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
- Outcome
- Application for leave to appeal against conviction refused
- Legal Topics
- Murder, Rape, Indecent Assault, Attempted Robbery, Evidential Links, Summing Up, Witness Description, Misidentification
Case Brief
Summary, issues, holding and outcome
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Parties
John William Cooper
Applicant
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Legal Issues
- 1 Whether the judge misdirected the jury regarding witness descriptions inconsistent with the applicant's appearance
- 2 Whether the summing up adequately presented the defence's case on identification
- 3 Whether prior convictions ('Huntsman' offences) could be challenged as evidential links
Ratio Decidendi
The judge's directions to the jury were clear, accurate, and fair; any slip in language was corrected by the overall context and summing up. The evidence against the applicant was overwhelming and the defence's identification argument was properly left to the jury.
Court Disposition
Application for leave to appeal against conviction refused
Orders
- Renewed application for leave to appeal refused
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