Jackson, R. v [2020] EWCA Crim 411 (10 March 2020)

Jackson, R. v [2020] EWCA Crim 411 (10 March 2020)

The trial judge's decision to treat Mr Evans as a hostile witness and admit his previous inconsistent statement was within her discretion, proper jury directions were given, the defence was offered the opportunity to cross-examine, and the conviction was not rendered unsafe as a result.

Citation
[2020] EWCA Crim 411
Parties
Prosecution: Regina; Applicant/defendant: James Paul Jackson
Jurisdiction
England and Wales
Judgment Date
10 March 2020
Procedural Posture
Criminal Appeal / Renewed Application for Permission to Appeal Conviction
Outcome
application for permission to appeal conviction refused
Legal Topics
Robbery, Possession of Imitation Firearm, Hostile Witness, Admissibility of Evidence, Jury Directions, Appeal Procedure
Criminal Law Robbery Possession of Imitation Firearm Hostile Witness Admissibility of Evidence Jury Directions Appeal Procedure

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Parties

Regina

Prosecution

James Paul Jackson

Applicant/defendant

Procedural Posture

Criminal Appeal / Renewed Application for Permission to Appeal Conviction

Legal Issues

  1. 1 Whether the trial judge erred in granting the Crown's application to treat a witness as hostile
  2. 2 Whether the admission of the witness's previous inconsistent statement rendered the conviction unsafe
  3. 3 Whether the applicant was denied a fair opportunity to cross-examine the witness

Ratio Decidendi

The trial judge's decision to treat Mr Evans as a hostile witness and admit his previous inconsistent statement was within her discretion, proper jury directions were given, the defence was offered the opportunity to cross-examine, and the conviction was not rendered unsafe as a result.

Court Disposition

application for permission to appeal conviction refused

Orders

  • application for extension of time refused
  • application for permission to appeal conviction refused