KS, R. v [2006] EWCA Crim 903 (05 April 2006)

KS, R. v [2006] EWCA Crim 903 (05 April 2006)

The convictions were quashed because the trial judge failed to make clear to the jury that the expert evidence regarding the distribution of glass fragments could not be reconciled with the eyewitness evidence on the facts of the case, and did not adequately direct the jury on how to resolve this conflict, rendering...

Source-derived case information.

Citation
[2006] EWCA Crim 903
Parties
Appellant: KS; Appellant: SS; Appellant: SD; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
05 April 2006
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
convictions quashed
Legal Topics
Perverting the Course of Justice, Use of Vehicle Without Insurance, Permitting Driving Without a Licence, Admissibility and Weight of Expert Evidence, Jury Directions
Criminal Law Perverting the Course of Justice Use of Vehicle Without Insurance Permitting Driving Without a Licence Admissibility and Weight of Expert Evidence Jury Directions

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Parties

KS

Appellant

SS

Appellant

SD

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the convictions for perverting the course of justice are safe in light of conflicting eyewitness and expert evidence
  2. 2 Whether the trial judge's directions to the jury regarding expert evidence were adequate

Ratio Decidendi

The convictions were quashed because the trial judge failed to make clear to the jury that the expert evidence regarding the distribution of glass fragments could not be reconciled with the eyewitness evidence on the facts of the case, and did not adequately direct the jury on how to resolve this conflict, rendering the convictions unsafe.

Court Disposition

convictions quashed

Orders

  • Convictions for perverting the course of justice quashed for all appellants.
  • Convictions for summary only offences (use of vehicle without insurance and permitting driving without a licence) set aside.