Despaigne-Pellon, R. v

Despaigne-Pellon, R. v

The trial judge erred in failing to discuss and consider the authorities on the good character direction, but the omission did not affect the safety of the conviction. The Lucas direction was appropriate given the Crown's submissions and the context of the evidence.

Source-derived case information.

Parties
Respondent: Regina; Appellant: Michel Despaigne Pellon
Jurisdiction
England and Wales
Judgment Date
20 November 2009
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Good Character Direction, Lucas Direction, Imitation Firearm, Intent to Cause Fear of Violence
Criminal Law Good Character Direction Lucas Direction Imitation Firearm Intent to Cause Fear of Violence

Source-derived case record

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Parties

Regina

Respondent

Michel Despaigne Pellon

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in failing to give a good character direction
  2. 2 Whether the trial judge erred in giving a Lucas direction on lies

Ratio Decidendi

The trial judge erred in failing to discuss and consider the authorities on the good character direction, but the omission did not affect the safety of the conviction. The Lucas direction was appropriate given the Crown's submissions and the context of the evidence.

Court Disposition

appeal dismissed

Orders

  • conviction upheld