Colliard, R. v

Colliard, R. v

The trial judge was entitled to admit evidence of the appellant's previous conviction as relevant to both knowledge and propensity under the Criminal Justice Act 2003, given the available detail and the circumstances. The judge's exercise of discretion was not plainly wrong or unfair. The sentence imposed was not manifestly excessive or disproportionate given the appellant's record and the facts of the case.

Parties
Prosecution: Regina; Appellant: Leon Anthony Colliard
Jurisdiction
England and Wales
Judgment Date
13 May 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeal dismissed
Legal Topics
Bad Character Evidence, Admissibility of Previous Convictions, Propensity, Drug Offences, Dangerous Driving, Sentencing Guidelines
Criminal Law Bad Character Evidence Admissibility of Previous Convictions Propensity Drug Offences Dangerous Driving Sentencing Guidelines

Case Brief

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Parties

Regina

Prosecution

Leon Anthony Colliard

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in admitting evidence of the appellant's previous conviction under the Criminal Justice Act 2003
  2. 2 Whether there was sufficient detail of the previous conviction to justify its admission
  3. 3 Whether the admission of Riley's evidence was unfair due to insufficient detail of his previous convictions

Ratio Decidendi

The trial judge was entitled to admit evidence of the appellant's previous conviction as relevant to both knowledge and propensity under the Criminal Justice Act 2003, given the available detail and the circumstances. The judge's exercise of discretion was not plainly wrong or unfair. The sentence imposed was not manifestly excessive or disproportionate given the appellant's record and the facts of the case.

Court Disposition

appeal dismissed

Orders

  • Appeal against conviction dismissed.
  • Renewed application in respect of sentence dismissed.