DZ & JZ, R. v [2012] EWCA Crim 1845 (27 March 2012)

DZ & JZ, R. v [2012] EWCA Crim 1845 (27 March 2012)

The judge was wrong to stop the case as there was sufficient evidence for the jury to consider reliability and truthfulness of the witnesses; issues of collusion and identification are matters for the jury, not grounds for terminating the proceedings.

Citation
[2012] EWCA Crim 1845
Parties
Applicant: Regina; Respondent: DZ; Respondent: JZ
Jurisdiction
England and Wales
Judgment Date
27 March 2012
Procedural Posture
Criminal Appeal / Appeal Against Terminatory Ruling
Outcome
appeal allowed
Legal Topics
Rape, Sexual Offences, Identification Evidence, Jury Directions
Criminal Law Rape Sexual Offences Identification Evidence Jury Directions

Case Brief

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Parties

Regina

Applicant

DZ

Respondent

JZ

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Terminatory Ruling

Legal Issues

  1. 1 Whether the judge was correct to stop the case against DZ and JZ based on identification evidence
  2. 2 Whether there was sufficient evidence for a jury to convict DZ and JZ

Ratio Decidendi

The judge was wrong to stop the case as there was sufficient evidence for the jury to consider reliability and truthfulness of the witnesses; issues of collusion and identification are matters for the jury, not grounds for terminating the proceedings.

Court Disposition

appeal allowed

Orders

  • proceedings to be resumed pursuant to section 61(4)(a) of the Criminal Justice Act 2003