King & Ors v R

King & Ors v R

The trial judge did not err in admitting the covertly recorded conversation, as any delay was minimal and did not render the proceedings unfair. The directions on co-conspirator evidence, good character, adverse inferences, and conspiracy were proper and in accordance with established legal principles. The sentences imposed were not manifestly excessive given the seriousness and organisation of the offences.

Parties
Appellant: Joseph King; Appellant: Craig Paul Provan; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
27 April 2012
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals against conviction and sentence dismissed; renewed application for leave to appeal against sentence refused.
Legal Topics
Conspiracy, Drug Offences, Firearms Offences, Evidence—hearsay, Covert Recording, Good Character Direction, Adverse Inferences, Sentencing
Criminal Law Conspiracy Drug Offences Firearms Offences Evidence—hearsay Covert Recording Good Character Direction Adverse Inferences +1 more

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Parties

Joseph King

Appellant

Craig Paul Provan

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in admitting covertly recorded conversations as evidence against the appellants
  2. 2 Whether the trial judge failed to properly direct the jury on the acts and declarations of co-conspirators
  3. 3 Whether the good character direction was properly given or omitted

Ratio Decidendi

The trial judge did not err in admitting the covertly recorded conversation, as any delay was minimal and did not render the proceedings unfair. The directions on co-conspirator evidence, good character, adverse inferences, and conspiracy were proper and in accordance with established legal principles. The sentences imposed were not manifestly excessive given the seriousness and organisation of the offences.

Court Disposition

Appeals against conviction and sentence dismissed; renewed application for leave to appeal against sentence refused.

Orders

  • Representation order granted for Mr Sutton QC for attendance at the appeal.