Crampton, R. v [2020] EWCA Crim 1334 (07 October 2020)

Crampton, R. v [2020] EWCA Crim 1334 (07 October 2020)

The judge was entitled to admit Facebook identification evidence despite a breach of Code D, as the breach went to weight rather than admissibility; the evidence was supported by other identification evidence and the jury was properly directed, rendering the conviction safe.

Citation
[2020] EWCA Crim 1334
Parties
Respondent: Regina; Appellant: Mark Anthony Crampton
Jurisdiction
England and Wales
Judgment Date
07 October 2020
Procedural Posture
Criminal Appeal / Court of Appeal (criminal Division) Judgment
Outcome
appeal dismissed
Legal Topics
Identification Evidence, Admissibility of Evidence, Breach of PACE Code D, Facebook Identification, Section 78 PACE Exclusion
Criminal Law Identification Evidence Admissibility of Evidence Breach of PACE Code D Facebook Identification Section 78 PACE Exclusion

Case Brief

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Parties

Regina

Respondent

Mark Anthony Crampton

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal (criminal Division) Judgment

Legal Issues

  1. 1 Whether Facebook identification evidence should be excluded due to breach of PACE Code D
  2. 2 Whether the conviction is unsafe due to weaknesses in identification evidence

Ratio Decidendi

The judge was entitled to admit Facebook identification evidence despite a breach of Code D, as the breach went to weight rather than admissibility; the evidence was supported by other identification evidence and the jury was properly directed, rendering the conviction safe.

Court Disposition

appeal dismissed

Orders

  • conviction upheld