Nevers, R. v

Nevers, R. v

The trial judge's directions on identification, jury management, and disclosure were correct and fair. However, the sentence of life imprisonment was excessive; imprisonment for public protection with a minimum term was appropriate given the appellant's dangerousness but not the highest level of culpability.

Parties
Prosecution: Regina; Appellant: Kevin Anthony Nevers
Jurisdiction
England and Wales
Judgment Date
22 April 2010
Procedural Posture
Criminal Appeal / Judgment on Conviction and Sentence Appeal
Outcome
Appeal against conviction refused; appeal against sentence allowed in part
Legal Topics
Robbery, Identification Evidence, Jury Discharge, Disclosure of Informant's Antecedents, Dangerous Offender Sentencing, Imprisonment for Public Protection, Life Imprisonment, Turnbull Direction
Criminal Law Robbery Identification Evidence Jury Discharge Disclosure of Informant's Antecedents Dangerous Offender Sentencing Imprisonment for Public Protection Life Imprisonment +1 more

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Parties

Regina

Prosecution

Kevin Anthony Nevers

Appellant

Procedural Posture

Criminal Appeal / Judgment on Conviction and Sentence Appeal

Legal Issues

  1. 1 Whether the trial judge erred in admitting qualified identification evidence to support the positive identification
  2. 2 Whether the judge erred in refusing to discharge the jury after the appellant's outburst
  3. 3 Whether the judge erred in refusing to order disclosure of the alleged informant's antecedents

Ratio Decidendi

The trial judge's directions on identification, jury management, and disclosure were correct and fair. However, the sentence of life imprisonment was excessive; imprisonment for public protection with a minimum term was appropriate given the appellant's dangerousness but not the highest level of culpability.

Court Disposition

Appeal against conviction refused; appeal against sentence allowed in part

Orders

  • Sentences of life imprisonment quashed on all nine counts
  • Imprisonment for public protection imposed on all nine counts with a minimum term of five years and 170 days