Connolly v R.

Connolly v R.

The trial judge was entitled to allow the prosecution to make the point regarding the CCTV evidence, given the developments in the case. The appellant was not prejudiced in a way that rendered the trial unfair, and the conviction is safe.

Parties
Appellant: Peter Connolly; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
25 May 2010
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed; conviction upheld
Legal Topics
Murder, Wounding With Intent, Admissibility of Evidence, CCTV Evidence, Fair Trial, Late Prosecution Disclosure
Criminal Law Murder Wounding With Intent Admissibility of Evidence CCTV Evidence Fair Trial Late Prosecution Disclosure

Case Brief

Summary, issues, holding and outcome

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Parties

Peter Connolly

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in allowing the prosecution to rely on late-developed CCTV evidence identifying the appellant as a participant in the attack on Mark Davies
  2. 2 Whether the appellant was prejudiced by the late introduction of this evidence such that the conviction is unsafe

Ratio Decidendi

The trial judge was entitled to allow the prosecution to make the point regarding the CCTV evidence, given the developments in the case. The appellant was not prejudiced in a way that rendered the trial unfair, and the conviction is safe.

Court Disposition

appeal dismissed; conviction upheld