Walker, R. v

Walker, R. v

The appeal was dismissed because the evidence of Campbell's statement to Bogle was admissible against Walker under section 114, and the reliability assessment was properly conducted; even if section 121 imposed a higher threshold, the evidence met it, and the conviction was safe.

Parties
Prosecution: Regina; Appellant: Levi Soloman Walker; Co Defendant: Dale Campbell; Co Defendant: Shervaun Whitehouse
Jurisdiction
England and Wales
Judgment Date
20 June 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Hearsay Evidence, Admissibility, Common Enterprise, Murder
Criminal Law Evidence Hearsay Evidence Admissibility Common Enterprise Murder

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Levi Soloman Walker

Appellant

Dale Campbell

Co Defendant

Shervaun Whitehouse

Co Defendant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether hearsay evidence of Campbell's statement to Bogle was admissible against Walker under sections 114 and 121 of the Criminal Justice Act 2003
  2. 2 Whether the trial judge properly assessed reliability under section 114(2)
  3. 3 Whether section 118(7) common enterprise rule applied

Ratio Decidendi

The appeal was dismissed because the evidence of Campbell's statement to Bogle was admissible against Walker under section 114, and the reliability assessment was properly conducted; even if section 121 imposed a higher threshold, the evidence met it, and the conviction was safe.

Court Disposition

appeal dismissed

Orders

  • conviction against Levi Soloman Walker upheld