Elliott, R v

Elliott, R v

Evidence of gang membership was properly admitted as relevant to the central issue of possession and intention, did not constitute hearsay, and did not unfairly prejudice the applicant; the convictions are safe.

Parties
Prosecution: Regina; Applicant: Nathan Elliott
Jurisdiction
England and Wales
Judgment Date
27 July 2010
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
application dismissed
Legal Topics
Bad Character Evidence, Gang Membership, Firearms Offences, Drug Offences, Admissibility of Evidence
Criminal Law Bad Character Evidence Gang Membership Firearms Offences Drug Offences Admissibility of Evidence

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Parties

Regina

Prosecution

Nathan Elliott

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether evidence of gang membership was admissible as bad character evidence under section 101(1)(d) of the Criminal Evidence Act 2003
  2. 2 Whether the admission of bad character evidence had an adverse effect on the fairness of the proceedings under section 101(3) of the Criminal Evidence Act 2003
  3. 3 Whether hearsay rules applied to letters and images used as evidence of gang membership

Ratio Decidendi

Evidence of gang membership was properly admitted as relevant to the central issue of possession and intention, did not constitute hearsay, and did not unfairly prejudice the applicant; the convictions are safe.

Court Disposition

application dismissed

Orders

  • renewed application for leave to appeal against conviction is dismissed