Calvert & Ors, R v

Calvert & Ors, R v

The trial judge's decisions on anonymity orders and no case to answer submissions were in accordance with applicable legal principles and not open to challenge; fresh evidence applications failed as evidence was either inadmissible, could have been obtained at trial, or lacked credibility; sentences imposed were manifestly excessive and minimum terms were reduced.

Parties
Respondent: Regina; Applicant: Lee Calvert; Applicant: Joseph Lowther; Applicant: Robert Woodhead; Applicant: Andrew Feather
Jurisdiction
England and Wales
Judgment Date
08 July 2016
Procedural Posture
Criminal Appeal / Renewed Applications for Leave to Appeal Against Conviction and Sentence
Outcome
Applications for leave to appeal against conviction refused; appeals against sentence allowed to the extent indicated.
Legal Topics
Murder, Firearms Offences, Anonymity Orders, Fresh Evidence, Sentencing, Appeals
Criminal Law Murder Firearms Offences Anonymity Orders Fresh Evidence Sentencing Appeals

Case Brief

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Parties

Regina

Respondent

Lee Calvert

Applicant

Joseph Lowther

Applicant

Robert Woodhead

Applicant

Andrew Feather

Applicant

Procedural Posture

Criminal Appeal / Renewed Applications for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in granting anonymity orders for witnesses under the Coroners and Justice Act 2009
  2. 2 Whether the judge was wrong to reject submissions of no case to answer
  3. 3 Whether leave should be granted to adduce fresh evidence

Ratio Decidendi

The trial judge's decisions on anonymity orders and no case to answer submissions were in accordance with applicable legal principles and not open to challenge; fresh evidence applications failed as evidence was either inadmissible, could have been obtained at trial, or lacked credibility; sentences imposed were manifestly excessive and minimum terms were reduced.

Court Disposition

Applications for leave to appeal against conviction refused; appeals against sentence allowed to the extent indicated.

Orders

  • Minimum term for Calvert reduced from 36 years to 32 years.
  • Minimum term for Lowther reduced from 32 years to 27 years.