Downton, R v

Downton, R v

The applicant's grounds of appeal, both original and proposed, were unsupported by evidence or based on misunderstandings of the evidence. The circumstantial case against the applicant was strong, and the judge's summing-up was fair. No material irregularity or unfairness was established to cast doubt on the safety of the convictions.

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 of appeal refused
Legal Topics
Murder, Burglary, Aggravated Burglary, Possession of Firearm, Appeal Procedure, Cell Site Evidence, CCTV Evidence, Summation of Defence Case
Criminal Law Murder Burglary Aggravated Burglary Possession of Firearm Appeal Procedure Cell Site Evidence CCTV Evidence +1 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 material irregularities during trial
  2. 2 Whether cell site and CCTV evidence exonerated the applicant
  3. 3 Whether the judge failed adequately to sum up the defence case

Ratio Decidendi

The applicant's grounds of appeal, both original and proposed, were unsupported by evidence or based on misunderstandings of the evidence. The circumstantial case against the applicant was strong, and the judge's summing-up was fair. No material irregularity or unfairness was established to cast doubt on the safety of the convictions.

Court Disposition

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