Percival & Anor, R v [2010] EWCA Crim 1326 (18 June 2010)

Percival & Anor, R v [2010] EWCA Crim 1326 (18 June 2010)

The Court held that while the trial judge erred in failing to adequately warn the jury about the dangers of relying on Alvin's evidence and in not identifying corroborative evidence, the overall summing-up and directions were sufficient for the jury to assess reliability. The errors did not render the convictions...

Source-derived case information.

Citation
[2010] EWCA Crim 1326
Parties
Respondent: Regina; First Appellant: Ricky John Percival; Second Appellant: Kevin Nigel Walsh
Jurisdiction
England and Wales
Judgment Date
18 June 2010
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeals dismissed; convictions upheld
Legal Topics
Murder, Conspiracy to Pervert the Course of Justice, Evidentiary Warnings, Witness Credibility, Alibi Evidence
Criminal Law Murder Conspiracy to Pervert the Course of Justice Evidentiary Warnings Witness Credibility Alibi Evidence

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Summary, issues, holding and outcome

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Parties

Regina

Respondent

Ricky John Percival

First Appellant

Kevin Nigel Walsh

Second Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Adequacy of judicial warning regarding evidence of accomplice witness
  2. 2 Reliability and corroboration of supergrass testimony
  3. 3 Timing of murder and reliability of witness statements

Ratio Decidendi

The Court held that while the trial judge erred in failing to adequately warn the jury about the dangers of relying on Alvin's evidence and in not identifying corroborative evidence, the overall summing-up and directions were sufficient for the jury to assess reliability. The errors did not render the convictions unsafe given the totality of the evidence.

Court Disposition

Appeals dismissed; convictions upheld