Solloway & Anor [2019] EWCA Crim 454 (08 March 2019)
The judge's directions and summing-up were sufficient to neutralise any prejudice from the prosecution's inappropriate remarks; the evidence against the applicants was overwhelming; the trial irregularities did not render the convictions unsafe; and the sentences imposed were within the appropriate range given the seriousness, planning, and aggravating features of the offence.
- Citation
- [2019] EWCA Crim 454
- Parties
- Prosecution: Regina; Applicant: Karine Solloway; Applicant: Kimpton Mativenga; Applicant: Paul Simon Prior
- Jurisdiction
- England and Wales
- Judgment Date
- 08 March 2019
- Procedural Posture
- Criminal Appeal / Court of Appeal Judgment on Applications for Leave to Appeal Against Conviction and Sentence
- Outcome
- All applications for leave to appeal against conviction and sentence refused; extension of time for Paul Prior granted.
- Legal Topics
- Conspiracy to Rob, Appeal Against Conviction, Appeal Against Sentence, Judicial Directions, Stereotyping in Advocacy, Dangerousness and Extended Sentences
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Karine Solloway
Applicant
Kimpton Mativenga
Applicant
Paul Simon Prior
Applicant
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Applications for Leave to Appeal Against Conviction and Sentence
Legal Issues
- 1 Whether prosecution closing speech rendered conviction unsafe due to stereotyping
- 2 Whether judicial directions on conspiracy and duress were adequate
- 3 Whether irregularities in trial process rendered convictions unsafe
Ratio Decidendi
The judge's directions and summing-up were sufficient to neutralise any prejudice from the prosecution's inappropriate remarks; the evidence against the applicants was overwhelming; the trial irregularities did not render the convictions unsafe; and the sentences imposed were within the appropriate range given the seriousness, planning, and aggravating features of the offence.
Court Disposition
All applications for leave to appeal against conviction and sentence refused; extension of time for Paul Prior granted.
Orders
- Extension of time for Paul Prior to apply for leave to appeal granted.
- All other applications for leave to appeal against conviction and sentence refused.
Full Case Text
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