Preddie, R. v

Preddie, R. v

The conviction was unsafe because identification evidence was obtained in breach of Code D, improperly admitted, and the summing-up to the jury was defective, failing to properly direct on the significance of the breaches and the reliability of the identification evidence.

Parties
Respondent: Regina; Appellant: Keith Preddie
Jurisdiction
England and Wales
Judgment Date
09 February 2011
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal allowed, conviction quashed
Legal Topics
Identification Evidence, Breach of Code D, Fair Trial, Admissibility of Evidence
Criminal Law Evidence Law Identification Evidence Breach of Code D Fair Trial Admissibility of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Keith Preddie

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether identification evidence obtained in breach of Code D should have been admitted
  2. 2 Whether the Recorder erred in admitting identification evidence and in summing up to the jury

Ratio Decidendi

The conviction was unsafe because identification evidence was obtained in breach of Code D, improperly admitted, and the summing-up to the jury was defective, failing to properly direct on the significance of the breaches and the reliability of the identification evidence.

Court Disposition

appeal allowed, conviction quashed

Orders

  • conviction quashed
  • no retrial ordered