R v Olukunle Ajani Afolabi

R v Olukunle Ajani Afolabi

The evidence of a subsequent, unproven attack by the victim did not meet the statutory criteria for admission as bad character evidence. It had no substantial probative value regarding any issue the jury had to decide. Its admission would have caused undue satellite litigation and distracted the jury. The conviction is not arguably unsafe.

Parties
Applicant: Olukunle Ajani Afolabi; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
23 November 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
application for leave to appeal refused
Legal Topics
Wounding With Intent, Admissibility of Bad Character Evidence, Self Defence, Loss of Time Order
Criminal Law Wounding With Intent Admissibility of Bad Character Evidence Self Defence Loss of Time Order

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Parties

Olukunle Ajani Afolabi

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in refusing to admit non-defendant bad character evidence relating to an alleged subsequent stabbing by the victim
  2. 2 Whether the conviction is unsafe due to exclusion of this evidence

Ratio Decidendi

The evidence of a subsequent, unproven attack by the victim did not meet the statutory criteria for admission as bad character evidence. It had no substantial probative value regarding any issue the jury had to decide. Its admission would have caused undue satellite litigation and distracted the jury. The conviction is not arguably unsafe.

Court Disposition

application for leave to appeal refused

Orders

  • Renewed application for leave to appeal against conviction refused.
  • 28 days loss of time order: 28 days shall not count towards the applicant's sentence.