McCullough, R. v

McCullough, R. v

The weaknesses in the identification process, including the Facebook identification and lack of detail about it, were matters for the jury to assess and did not render the evidence inadmissible or the trial unfair. The summing-up was adequate and did not undermine the safety of the conviction.

Parties
Respondent: Regina; Appellant: Owen McCullough
Jurisdiction
England and Wales
Judgment Date
20 May 2011
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Identification Evidence, Admissibility of Evidence, Robbery, Offensive Weapons, Fair Trial
Criminal Law Identification Evidence Admissibility of Evidence Robbery Offensive Weapons Fair Trial

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Owen McCullough

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in admitting identification evidence obtained via Facebook and subsequent formal identification procedure
  2. 2 Whether the summing-up by the trial judge was deficient regarding identification evidence

Ratio Decidendi

The weaknesses in the identification process, including the Facebook identification and lack of detail about it, were matters for the jury to assess and did not render the evidence inadmissible or the trial unfair. The summing-up was adequate and did not undermine the safety of the conviction.

Court Disposition

Appeal dismissed

Orders

  • Conviction upheld