Nevers, R. v [2010] EWCA Crim 1363 (22 April 2010)

Nevers, R. v [2010] EWCA Crim 1363 (22 April 2010)

There were no arguable grounds to challenge the conviction; the trial judge's directions and evidentiary rulings were correct. However, the sentence of life imprisonment was excessive given the circumstances and legal principles; imprisonment for public protection with a minimum term was appropriate.

Citation
[2010] EWCA Crim 1363
Parties
Prosecution: Regina; Applicant/appellant/defendant: Kevin Anthony Nevers
Jurisdiction
England and Wales
Judgment Date
22 April 2010
Procedural Posture
Criminal Appeal / Judgment on Conviction and Sentence
Outcome
Appeal against conviction refused; appeal against sentence allowed.
Legal Topics
Robbery, Identification Evidence, Dangerous Offender, Sentencing, Imprisonment for Public Protection, Life Imprisonment, Appeal Procedure
Criminal Law Robbery Identification Evidence Dangerous Offender Sentencing Imprisonment for Public Protection Life Imprisonment Appeal Procedure

Case Brief

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Parties

Regina

Prosecution

Kevin Anthony Nevers

Applicant/appellant/defendant

Procedural Posture

Criminal Appeal / Judgment on Conviction and Sentence

Legal Issues

  1. 1 admissibility and use of qualified identification evidence
  2. 2 judicial discretion regarding jury discharge after defendant's outburst
  3. 3 disclosure of alleged informant's antecedents

Ratio Decidendi

There were no arguable grounds to challenge the conviction; the trial judge's directions and evidentiary rulings were correct. However, the sentence of life imprisonment was excessive given the circumstances and legal principles; imprisonment for public protection with a minimum term was appropriate.

Court Disposition

Appeal against conviction refused; appeal against sentence allowed.

Orders

  • Sentences of life imprisonment quashed.
  • Sentences of imprisonment for public protection imposed on each count.