Downton, R v [2019] EWCA Crim 1235 (09 July 2019)

Downton, R v [2019] EWCA Crim 1235 (09 July 2019)

The Court held that none of the applicant's grounds, whether original or fresh, cast any doubt on the safety of the convictions. The allegations of police misconduct and evidential tampering were unsupported by evidence. The cell site and circumstantial evidence, together with the judge's directions and summing-up, were properly before the jury. The fresh grounds were based on misunderstandings of the evidence and did not meet the high threshold for varying grounds of appeal. Accordingly, the applications for extension of time, leave to appeal, and leave to vary grounds were refused.

Citation
[2019] EWCA Crim 1235
Parties
Prosecution: Regina; Applicant: Kevin Downton
Jurisdiction
England and Wales
Judgment Date
09 July 2019
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
applications for extension of time, leave to appeal, and leave to vary grounds refused; convictions upheld
Legal Topics
Murder, Aggravated Burglary, Firearms Offences, Burglary, Appeal Against Conviction, Cell Site Evidence, CCTV Evidence, Jury Directions, Late Disclosure, Summing Up
Criminal Law Murder Aggravated Burglary Firearms Offences Burglary Appeal Against Conviction Cell Site Evidence CCTV Evidence +3 more

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Parties

Regina

Prosecution

Kevin Downton

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the convictions are unsafe due to alleged failures in disclosure, alleged police corruption, alleged evidential insufficiency, and alleged misdirections in the judge's summing-up.
  2. 2 Whether fresh grounds of appeal based on alleged material irregularities in the trial (CCTV evidence and summing-up) justify leave to appeal.

Ratio Decidendi

The Court held that none of the applicant's grounds, whether original or fresh, cast any doubt on the safety of the convictions. The allegations of police misconduct and evidential tampering were unsupported by evidence. The cell site and circumstantial evidence, together with the judge's directions and summing-up, were properly before the jury. The fresh grounds were based on misunderstandings of the evidence and did not meet the high threshold for varying grounds of appeal. Accordingly, the applications for extension of time, leave to appeal, and leave to vary grounds were refused.

Court Disposition

applications for extension of time, leave to appeal, and leave to vary grounds refused; convictions upheld