R v Owen McGowan & Ors.

R v Owen McGowan & Ors.

The evidence relating to knives and internet searches, while not properly admitted under section 98, was admissible as bad character evidence under section 101(1)(d) due to its probative value regarding propensity. The admission of previous convictions as bad character evidence was also proper. The sentences imposed were manifestly excessive due to incorrect categorisation of harm; sentences were adjusted accordingly.

Parties
Appellant: Owen McGowan; Appellant: Emeka Dawuda-Wodu; Applicant: Bradley Baker; Applicant: Nyle Backhouse; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
21 February 2023
Procedural Posture
Criminal Appeal / Judgment on Appeals Against Conviction and Sentence
Outcome
Appeals against conviction dismissed; appeals against sentence allowed to a limited extent
Legal Topics
Wounding With Intent, Bad Character Evidence, Sentencing, Dangerous Offenders, Appeals Against Conviction, Appeals Against Sentence
Criminal Law Wounding With Intent Bad Character Evidence Sentencing Dangerous Offenders Appeals Against Conviction Appeals Against Sentence

Case Brief

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Parties

Owen McGowan

Appellant

Emeka Dawuda-Wodu

Appellant

Bradley Baker

Applicant

Nyle Backhouse

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeals Against Conviction and Sentence

Legal Issues

  1. 1 Whether the admission of evidence relating to knives and internet searches was proper under section 98 or as bad character evidence under section 101(1)(d) of the Criminal Justice Act 2003
  2. 2 Whether the admission of previous convictions as bad character evidence was proper
  3. 3 Whether the sentences imposed were manifestly excessive due to categorisation of harm under sentencing guidelines

Ratio Decidendi

The evidence relating to knives and internet searches, while not properly admitted under section 98, was admissible as bad character evidence under section 101(1)(d) due to its probative value regarding propensity. The admission of previous convictions as bad character evidence was also proper. The sentences imposed were manifestly excessive due to incorrect categorisation of harm; sentences were adjusted accordingly.

Court Disposition

Appeals against conviction dismissed; appeals against sentence allowed to a limited extent

Orders

  • McGowan: Appeal against conviction dismissed; sentence reduced to extended sentence of 5 years 6 months (4 years 6 months' detention, 1 year extended licence)
  • Dawuda-Wodu: Application for leave to appeal conviction refused; sentence for murder reduced to life with minimum term of 29 years (less 582 days remand); sentences for other offences reduced and to run concurrently