Gojra & Anor, R v [2010] EWCA Crim 1939 (06 August 2010)

Gojra & Anor, R v [2010] EWCA Crim 1939 (06 August 2010)

Gojra's conviction was unsafe due to the failure to hold an identification parade for Haq Nawaz, breaching Code D, and the judge's misdirection minimizing the significance of this breach. Dhir's conviction was unsafe in light of fresh evidence from Anna Frampton supporting his account of being forced into the van,...

Source-derived case information.

Citation
[2010] EWCA Crim 1939
Parties
Respondent: R; Appellant: Ranjit Gojra; Appellant: Sanjeev Dhir
Jurisdiction
England and Wales
Judgment Date
06 August 2010
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals allowed; convictions quashed
Legal Topics
Identification Evidence, Abuse of Process, Alibi, Burden of Proof, Fresh Evidence, Police Conduct, Code D Breaches
Criminal Law Identification Evidence Abuse of Process Alibi Burden of Proof Fresh Evidence Police Conduct Code D Breaches

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Parties

R

Respondent

Ranjit Gojra

Appellant

Sanjeev Dhir

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether identification evidence was unfairly admitted
  2. 2 Whether failure to hold identification parade for Haq Nawaz breached Code D
  3. 3 Whether judge failed to direct jury properly on alibi and burden of proof

Ratio Decidendi

Gojra's conviction was unsafe due to the failure to hold an identification parade for Haq Nawaz, breaching Code D, and the judge's misdirection minimizing the significance of this breach. Dhir's conviction was unsafe in light of fresh evidence from Anna Frampton supporting his account of being forced into the van, which could have affected the jury's verdict.

Court Disposition

Appeals allowed; convictions quashed

Orders

  • Convictions of Gojra and Dhir quashed
  • Leave to appeal granted to Dhir