Crampton, R. v
The judge was entitled to admit the Facebook identification evidence despite breach of Code D, as there was sufficient supporting identification evidence and the issue was one of weight for the jury; the conviction was safe and the appeal was dismissed.
- Parties
- Respondent: Regina; Appellant: Mark Anthony Crampton
- Jurisdiction
- England and Wales
- Judgment Date
- 07 October 2020
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Identification Evidence, Admissibility of Evidence, Breach of Code D, Section 78 PACE, Facebook Identification, VIPER Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Respondent
Mark Anthony Crampton
Appellant
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether Facebook identification evidence should be excluded due to breach of Code D of PACE
- 2 Whether failure to conduct a formal identification procedure prejudiced the appellant
- 3 Whether the conviction was safe given the identification evidence
Ratio Decidendi
The judge was entitled to admit the Facebook identification evidence despite breach of Code D, as there was sufficient supporting identification evidence and the issue was one of weight for the jury; the conviction was safe and the appeal was dismissed.
Court Disposition
appeal dismissed
Full Case Text
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