Smith & Ors, R. v [2019] EWCA Crim 1151 (27 June 2019)

Smith & Ors, R. v [2019] EWCA Crim 1151 (27 June 2019)

The prosecution was entitled to rely on part of the identification evidence and to adduce evidence contradicting other parts without treating the witnesses as hostile; the admission of Marie Moore's evidence was not improper as it was not hearsay; and there was sufficient evidence for the case to go to the jury. The...

Source-derived case information.

Citation
[2019] EWCA Crim 1151
Parties
Respondent: Regina; Appellant: Jordan Ray Smith; Appellant: Ricardo Livingstone-Wright; Appellant: Jordan Perry; Applicant: Sara Hodgkinson
Jurisdiction
England and Wales
Judgment Date
27 June 2019
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeals dismissed; application for leave to appeal refused
Legal Topics
Attempted Murder, Identification Evidence, Hearsay, No Case to Answer, Serious Crime Act 2007 S.45, Police and Criminal Evidence Act 1984 S.78
Criminal Law Attempted Murder Identification Evidence Hearsay No Case to Answer Serious Crime Act 2007 S.45 Police and Criminal Evidence Act 1984 S.78

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Regina

Respondent

Jordan Ray Smith

Appellant

Ricardo Livingstone-Wright

Appellant

Jordan Perry

Appellant

Sara Hodgkinson

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the handling of identification evidence rendered the trial unfair
  2. 2 Whether the admission of Marie Moore's evidence was improper
  3. 3 Whether there was a case to answer at the close of the prosecution case

Ratio Decidendi

The prosecution was entitled to rely on part of the identification evidence and to adduce evidence contradicting other parts without treating the witnesses as hostile; the admission of Marie Moore's evidence was not improper as it was not hearsay; and there was sufficient evidence for the case to go to the jury. The convictions are safe.

Court Disposition

Appeals dismissed; application for leave to appeal refused