Ferdinand & Ors v R

Ferdinand & Ors v R

The trial judge was entitled to admit the further hearsay evidence of Bajrmshame Hashani as she was unfit to attend due to ongoing medical and psychological conditions, and the defence suffered no unfair prejudice as the evidence would have been admissible in any event. The prosecution's introduction of bad character evidence was procedurally flawed but would have been admitted if properly applied for, and did not cause unfair prejudice. The judge corrected any misdirection regarding cell site evidence. The fresh evidence from Milo Chamberlain was manifestly unreliable and inadmissible. The expert gait evidence was properly left to the jury with appropriate directions. The minimum term...

Parties
1st Appellant: Sean Ferdinand; 2nd Appellant: Lij McSween; 3rd Appellant: Mohammed Hashi; 4th Appellant: Sean Hutton; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
20 June 2014
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeals against conviction dismissed; appeal against sentence (McSween) allowed in part.
Legal Topics
Hearsay Evidence, Admissibility of Expert Evidence, Bad Character Evidence, Joint Enterprise, Identification Evidence, Sentencing of Juveniles
Criminal Law Hearsay Evidence Admissibility of Expert Evidence Bad Character Evidence Joint Enterprise Identification Evidence Sentencing of Juveniles

Case Brief

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Parties

Sean Ferdinand

1st Appellant

Lij McSween

2nd Appellant

Mohammed Hashi

3rd Appellant

Sean Hutton

4th Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in admitting hearsay evidence of an unavailable witness under section 116(2)(b) of the Criminal Justice Act 2003
  2. 2 Whether the prosecution improperly introduced bad character evidence without proper application or consent
  3. 3 Whether the judge misdirected the jury on cell site evidence

Ratio Decidendi

The trial judge was entitled to admit the further hearsay evidence of Bajrmshame Hashani as she was unfit to attend due to ongoing medical and psychological conditions, and the defence suffered no unfair prejudice as the evidence would have been admissible in any event. The prosecution's introduction of bad character evidence was procedurally flawed but would have been admitted if properly applied for, and did not cause unfair prejudice. The judge corrected any misdirection regarding cell site evidence. The fresh evidence from Milo Chamberlain was manifestly unreliable and inadmissible. The expert gait evidence was properly left to the jury with appropriate directions. The minimum term...

Court Disposition

Appeals against conviction dismissed; appeal against sentence (McSween) allowed in part.

Orders

  • Convictions upheld for all appellants.
  • Minimum term for McSween on count 1 reduced from 19 years to 17 years.