Devon, R. v

Devon, R. v

The court found the fresh evidence from Stanley Washington incapable of belief and declined to admit it. The exclusion of the police Altaris log was an error, but it did not render the conviction unsafe as the jury was aware of its contents. The identification evidence against the appellant was strong, and no reasonable explanation was provided for not adducing other evidence at trial. The convictions were safe and the appeals were dismissed.

Parties
Appellant: Paul Devon; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
17 February 2006
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Perverting the Course of Justice, Harassment, Fresh Evidence, Admissibility of Evidence, Identification Evidence
Criminal Law Perverting the Course of Justice Harassment Fresh Evidence Admissibility of Evidence Identification Evidence

Case Brief

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Parties

Paul Devon

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether fresh evidence should be admitted under section 23 of the Criminal Appeal Act 1968
  2. 2 Whether the exclusion of the police Altaris log was an error
  3. 3 Whether the conviction on count 1 (perverting the course of justice) was unsafe

Ratio Decidendi

The court found the fresh evidence from Stanley Washington incapable of belief and declined to admit it. The exclusion of the police Altaris log was an error, but it did not render the conviction unsafe as the jury was aware of its contents. The identification evidence against the appellant was strong, and no reasonable explanation was provided for not adducing other evidence at trial. The convictions were safe and the appeals were dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal against conviction on count 1 dismissed.
  • Renewed application for leave to appeal against conviction on count 2 dismissed.