Enoch, R. v [2022] EWCA Crim 1585 (04 November 2022)

Enoch, R. v [2022] EWCA Crim 1585 (04 November 2022)

It was open to the jury to accept the evidence of Omar, supported by the complainant and DNA evidence, and the contradictions in Omar's evidence did not render the case unsafe to be left to the jury. The trial judge was correct to refuse the submission of no case to answer.

Citation
[2022] EWCA Crim 1585
Parties
Prosecution: Rex; Applicant: Precious Enoch
Jurisdiction
England and Wales
Judgment Date
04 November 2022
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
renewed application for leave to appeal refused
Legal Topics
Robbery, Possession of a Bladed Article, Case to Answer Submission, DNA Evidence, Witness Credibility
Criminal Law Robbery Possession of a Bladed Article Case to Answer Submission DNA Evidence Witness Credibility

Case Brief

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Parties

Rex

Prosecution

Precious Enoch

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in refusing the submission of no case to answer
  2. 2 Whether the evidence was sufficient to leave the case to the jury

Ratio Decidendi

It was open to the jury to accept the evidence of Omar, supported by the complainant and DNA evidence, and the contradictions in Omar's evidence did not render the case unsafe to be left to the jury. The trial judge was correct to refuse the submission of no case to answer.

Court Disposition

renewed application for leave to appeal refused