Ley, R v

Ley, R v

No direction is required as a matter of principle that the jury must not convict on identification evidence alone in the absence of supporting evidence, even if the judge would not have left the case to the jury without such evidence. The judge's summing up and Turnbull direction were adequate and the conviction was not unsafe.

Parties
Respondent: R; Appellant: Kerry Ley
Jurisdiction
England and Wales
Judgment Date
07 December 2006
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Aggravated Burglary, Identification Evidence, Appeal Procedure
Criminal Law Aggravated Burglary Identification Evidence Appeal Procedure

Case Brief

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Parties

R

Respondent

Kerry Ley

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge was required to direct the jury not to convict on identification evidence alone in the absence of supporting evidence
  2. 2 Whether the weaknesses in the identification evidence were adequately put to the jury

Ratio Decidendi

No direction is required as a matter of principle that the jury must not convict on identification evidence alone in the absence of supporting evidence, even if the judge would not have left the case to the jury without such evidence. The judge's summing up and Turnbull direction were adequate and the conviction was not unsafe.

Court Disposition

Appeal dismissed