Davies, R. v

Davies, R. v

The combination of weak identification evidence, the appellant's distinctive appearance not matching witness descriptions, and credible fresh evidence exonerating the appellant rendered the conviction unsafe. The appeal was allowed because the court was left unsure as to the safety of the conviction.

Parties
Prosecutor: Regina; Appellant: Leslie Davies
Jurisdiction
England and Wales
Judgment Date
12 April 2005
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
Appeal allowed; conviction quashed
Legal Topics
Robbery, Appeal Against Conviction, Fresh Evidence, Identification Evidence, Submission of No Case to Answer
Criminal Law Robbery Appeal Against Conviction Fresh Evidence Identification Evidence Submission of No Case to Answer

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

Leslie Davies

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in rejecting a submission of no case to answer at the close of the prosecution case
  2. 2 Whether fresh evidence exonerating the appellant should be admitted
  3. 3 Whether the conviction is safe given the identification evidence and new testimony

Ratio Decidendi

The combination of weak identification evidence, the appellant's distinctive appearance not matching witness descriptions, and credible fresh evidence exonerating the appellant rendered the conviction unsafe. The appeal was allowed because the court was left unsure as to the safety of the conviction.

Court Disposition

Appeal allowed; conviction quashed

Orders

  • Conviction quashed; appellant to be released