Esprit & Ors, v R

Esprit & Ors, v R

The circumstantial and cell-site evidence provided a sufficient basis for the jury to convict the defendants of the robberies; the trial judge's directions on cross-admissibility, propensity, and adverse inference from silence were correct; the verdicts were not inconsistent; and the original sentences were unduly lenient and should be increased to reflect the seriousness and planning of the offences.

Parties
Appellant/defendant: Curtis Esprit; Appellant/defendant: Christopher Sorhaindo; Appellant/defendant: Fareed Rasheed; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
03 October 2014
Procedural Posture
Criminal Appeal and Attorney General's Reference / Court of Appeal Judgment on Conviction and Sentence
Outcome
Applications for leave to appeal convictions refused; Attorney General's application to increase sentences allowed.
Legal Topics
Robbery, Joint Enterprise, Circumstantial Evidence, Cross Admissibility, Propensity Evidence, Sentencing, Attorney General's Reference, Adverse Inference From Silence
Criminal Law Robbery Joint Enterprise Circumstantial Evidence Cross Admissibility Propensity Evidence Sentencing Attorney General's Reference +1 more

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Parties

Curtis Esprit

Appellant/defendant

Christopher Sorhaindo

Appellant/defendant

Fareed Rasheed

Appellant/defendant

Regina

Respondent

Procedural Posture

Criminal Appeal and Attorney General's Reference / Court of Appeal Judgment on Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in refusing submissions of no case to answer for the robbery charges
  2. 2 Whether the trial judge misdirected the jury on cross-admissibility and propensity evidence
  3. 3 Whether the verdicts were inconsistent and thus unsafe

Ratio Decidendi

The circumstantial and cell-site evidence provided a sufficient basis for the jury to convict the defendants of the robberies; the trial judge's directions on cross-admissibility, propensity, and adverse inference from silence were correct; the verdicts were not inconsistent; and the original sentences were unduly lenient and should be increased to reflect the seriousness and planning of the offences.

Court Disposition

Applications for leave to appeal convictions refused; Attorney General's application to increase sentences allowed.

Orders

  • Convictions of Sorhaindo, Esprit, and Rasheed upheld.
  • Sentences increased: Sorhaindo and Rasheed to 5 years' imprisonment each for Corals robbery; Esprit to 10 years' imprisonment (5 years for Corals robbery, 5 years concurrent for Kingsway and Linx robberies, to run consecutively).