Kavanagh, R v [1997] EWCA Crim 358 (7th February, 1997)

Kavanagh, R v [1997] EWCA Crim 358 (7th February, 1997)

The judge was not wrong to decline to hold a voire dire; neither appellant's heroin withdrawal nor police's refusal to disclose fingerprint location constituted exceptional circumstances; jury directions on inferences were appropriate; summing-up was balanced; sentence of 14 years was excessive and reduced to 12 years.

Citation
[1997] EWCA Crim 358
Parties
Appellant: Mr. Kavanagh; Respondent: The Crown
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; appeal against sentence allowed in part.
Legal Topics
Robbery, Handling Stolen Goods, Admissibility of Evidence, Drawing Inferences From Silence, Sentencing
Criminal Law Robbery Handling Stolen Goods Admissibility of Evidence Drawing Inferences From Silence Sentencing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mr. Kavanagh

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the judge erred in refusing to hold a voire dire regarding inferences from silence under section 34 of the Criminal Justice and Public Order Act 1994
  2. 2 Whether the judge's directions to the jury regarding inferences from silence were adequate
  3. 3 Whether the summing-up was unfairly balanced regarding evidence and admissions

Ratio Decidendi

The judge was not wrong to decline to hold a voire dire; neither appellant's heroin withdrawal nor police's refusal to disclose fingerprint location constituted exceptional circumstances; jury directions on inferences were appropriate; summing-up was balanced; sentence of 14 years was excessive and reduced to 12 years.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed in part.

Orders

  • Sentence of 14 years' imprisonment quashed and substituted with 12 years' imprisonment for robbery.
  • 12 months' imprisonment for handling stolen goods to run concurrently.