Murphy, R. v [2006] EWCA Crim 3408 (21 December 2006)

Murphy, R. v [2006] EWCA Crim 3408 (21 December 2006)

A single, isolated conviction for possession of a sawn-off shotgun 20 years prior was too slender a basis to establish propensity to commit firearms offences; the trial judge was plainly wrong to admit the evidence under section 101(1)(d) Criminal Justice Act 2003, rendering the convictions unsafe.

Citation
[2006] EWCA Crim 3408
Parties
Prosecution: Regina; Appellant: Michael Murphy
Jurisdiction
England and Wales
Judgment Date
21 December 2006
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Appeal Against Conviction
Outcome
Appeal allowed; convictions quashed; retrial ordered.
Legal Topics
Bad Character Evidence, Propensity, Admissibility of Previous Convictions, Firearms Offences, Criminal Damage
Criminal Law Bad Character Evidence Propensity Admissibility of Previous Convictions Firearms Offences Criminal Damage

Case Brief

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Parties

Regina

Prosecution

Michael Murphy

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether a single, 20-year-old conviction for possession of a sawn-off shotgun was admissible to show propensity under section 101(1)(d) Criminal Justice Act 2003
  2. 2 Whether the admission of such evidence rendered the conviction unsafe

Ratio Decidendi

A single, isolated conviction for possession of a sawn-off shotgun 20 years prior was too slender a basis to establish propensity to commit firearms offences; the trial judge was plainly wrong to admit the evidence under section 101(1)(d) Criminal Justice Act 2003, rendering the convictions unsafe.

Court Disposition

Appeal allowed; convictions quashed; retrial ordered.

Orders

  • Convictions quashed on all three counts.
  • Fresh indictment to be preferred and appellant to be re-arraigned within 2 months.