Fitzgerald, R v [1998] EWCA Crim 829 (6th March, 1998)

Fitzgerald, R v [1998] EWCA Crim 829 (6th March, 1998)

The solicitor's statement was admissible as it was made in the appellant's presence after consultation, adopted by the appellant, and privilege was waived; the trial judge's directions to the jury were adequate; the video evidence did not undermine the prosecution's case; the sentence imposed was not excessive for the appellant's role.

Citation
[1998] EWCA Crim 829
Parties
Appellant: Mr. Fitzgerald; Respondent: The Crown
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
appeal dismissed
Legal Topics
Robbery, Admissibility of Evidence, Legal Professional Privilege, Drawing Inferences From Silence, Sentencing
Criminal Law Robbery Admissibility of Evidence Legal Professional Privilege Drawing Inferences From Silence Sentencing

Case Brief

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Parties

Mr. Fitzgerald

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the solicitor's statement explaining the appellant's silence in police interview was admissible evidence
  2. 2 Whether the trial judge's directions to the jury regarding the solicitor's statement and the possibility of no robbery were adequate
  3. 3 Whether the video evidence undermined the prosecution's case

Ratio Decidendi

The solicitor's statement was admissible as it was made in the appellant's presence after consultation, adopted by the appellant, and privilege was waived; the trial judge's directions to the jury were adequate; the video evidence did not undermine the prosecution's case; the sentence imposed was not excessive for the appellant's role.

Court Disposition

appeal dismissed

Orders

  • Appeal against conviction dismissed
  • Leave to appeal against sentence refused