Ramsey & Ors, R v [2011] EWCA Crim 872 (07 April 2011)

Ramsey & Ors, R v [2011] EWCA Crim 872 (07 April 2011)

Leave to appeal against conviction was granted on the ground of fresh expert evidence regarding the murder weapon, as it is arguable that the interests of justice require the Court of Appeal to consider it. Leave was also granted to Chattoo and N Ramsey on the issue of the judge's refusal to leave an alternative verdict. Other grounds were dismissed as unarguable. The appeal against sentence by N Ramsey was dismissed as the minimum term was justified. The appeal by L Menzies was allowed in part, reducing the minimum term from 20 to 17 years due to his age and circumstances. The appeal by Keisha Mindley-Donaldson against sentence was dismissed as the sentence was not excessive.

Citation
[2011] EWCA Crim 872
Parties
Respondent: R; Applicant/appellant: Nigel Junior Ramsey; Applicant/appellant: Michael Chattoo; Applicant/appellant: Levan Simeon Menzies; Applicant/appellant: Denzel Emanuel Ramsey; Applicant/appellant: Keisha Mindley-Donaldson
Jurisdiction
England and Wales
Judgment Date
07 April 2011
Procedural Posture
Criminal Appeal / Court of Appeal (criminal Division) Renewed Applications for Leave to Appeal Against Conviction and Appeals Against Sentence
Outcome
Leave to appeal against conviction granted on fresh evidence ground for all applicants; additional ground for Chattoo and N Ramsey. Appeals against sentence dismissed for N Ramsey and Keisha Mindley-Donaldson. Appeal against sentence allowed for L Menzies with reduced minimum term.
Legal Topics
Appeals Against Conviction, Appeals Against Sentence, Fresh Evidence, Jury Directions, Alternative Verdicts, Assisting Offenders, Minimum Term for Life Sentences
Criminal Law Appeals Against Conviction Appeals Against Sentence Fresh Evidence Jury Directions Alternative Verdicts Assisting Offenders Minimum Term for Life Sentences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 8 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

R

Respondent

Nigel Junior Ramsey

Applicant/appellant

Michael Chattoo

Applicant/appellant

Levan Simeon Menzies

Applicant/appellant

Denzel Emanuel Ramsey

Applicant/appellant

Keisha Mindley-Donaldson

Applicant/appellant

Procedural Posture

Criminal Appeal / Court of Appeal (criminal Division) Renewed Applications for Leave to Appeal Against Conviction and Appeals Against Sentence

Legal Issues

  1. 1 Whether fresh expert evidence on ballistics justifies leave to appeal against conviction
  2. 2 Whether the trial judge erred in providing written directions to the jury
  3. 3 Whether the judge should have left an alternative verdict of wounding with intent to the jury

Ratio Decidendi

Leave to appeal against conviction was granted on the ground of fresh expert evidence regarding the murder weapon, as it is arguable that the interests of justice require the Court of Appeal to consider it. Leave was also granted to Chattoo and N Ramsey on the issue of the judge's refusal to leave an alternative verdict. Other grounds were dismissed as unarguable. The appeal against sentence by N Ramsey was dismissed as the minimum term was justified. The appeal by L Menzies was allowed in part, reducing the minimum term from 20 to 17 years due to his age and circumstances. The appeal by Keisha Mindley-Donaldson against sentence was dismissed as the sentence was not excessive.

Court Disposition

Leave to appeal against conviction granted on fresh evidence ground for all applicants; additional ground for Chattoo and N Ramsey. Appeals against sentence dismissed for N Ramsey and Keisha Mindley-Donaldson. Appeal against sentence allowed for L Menzies with reduced minimum term.

Orders

  • Extension of time granted for N Ramsey to renew application for leave to appeal.
  • Leave to appeal against conviction granted on fresh evidence ground for all applicants.