Cooper, Re Application for for leave to appeal
The judge's directions, taken as a whole and in context, properly and fairly presented the defence arguments and the relevant evidence to the jury. Any isolated misstatement was corrected by the overall summing up, and there was no misdirection that undermined the safety of the conviction.
- 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, Jury Directions, Identification Evidence, Appeals
Case Brief
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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 trial judge misdirected the jury regarding the approach to and effect of witness descriptions inconsistent with the applicant's appearance
- 2 Whether the summing up by the judge failed to properly present the defence argument based on witness descriptions
Ratio Decidendi
The judge's directions, taken as a whole and in context, properly and fairly presented the defence arguments and the relevant evidence to the jury. Any isolated misstatement was corrected by the overall summing up, and there was no misdirection that undermined the safety of the conviction.
Court Disposition
application for leave to appeal against conviction refused
Orders
- renewed application for leave to appeal against conviction is refused
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