Olive & Ors, R. v [2022] EWCA Crim 1141 (10 August 2022)

Olive & Ors, R. v [2022] EWCA Crim 1141 (10 August 2022)

The GSR evidence, though of low probative value and subject to possible contamination, was admissible as part of the circumstantial case against the appellants, provided the jury was properly directed as to its limitations. The judge's directions were fair and balanced, and the admission of the GSR and other...

Source-derived case information.

Citation
[2022] EWCA Crim 1141
Parties
Appellant/first Applicant: Micheala Olive; Second Applicant: Anthony Olive; Third Applicant: John Bowie; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
10 August 2022
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Conviction Appeals and Renewed Applications for Leave to Appeal
Outcome
Appeals and renewed applications for leave to appeal dismissed; convictions upheld.
Legal Topics
Murder, Admissibility of Forensic Evidence, Gunshot Residue (gsr) Evidence, Contamination of Evidence, Bad Character Evidence, Jury Directions, Appeal Grounds, Police Procedure, Disclosure Obligations
Criminal Law Murder Admissibility of Forensic Evidence Gunshot Residue (gsr) Evidence Contamination of Evidence Bad Character Evidence Jury Directions Appeal Grounds +2 more

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Summary, issues, holding and outcome

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Parties

Micheala Olive

Appellant/first Applicant

Anthony Olive

Second Applicant

John Bowie

Third Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Conviction Appeals and Renewed Applications for Leave to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in admitting gunshot residue (GSR) evidence given possible contamination
  2. 2 Whether the prosecution's GSR expert evidence was overstated or improperly directed
  3. 3 Whether the judge failed to properly direct the jury on the significance and limitations of GSR evidence

Ratio Decidendi

The GSR evidence, though of low probative value and subject to possible contamination, was admissible as part of the circumstantial case against the appellants, provided the jury was properly directed as to its limitations. The judge's directions were fair and balanced, and the admission of the GSR and other challenged evidence did not render the convictions unsafe. All grounds of appeal were rejected and the convictions upheld.

Court Disposition

Appeals and renewed applications for leave to appeal dismissed; convictions upheld.