Colman & Anor v R

Colman & Anor v R

The effect of an acquittal is not to provide conclusive proof of innocence for all purposes; evidence relating to acquitted charges may be admissible in relation to other charges if relevant and fair. The trial judge correctly refused to direct the jury that the acquittals were conclusive proof of non-involvement and properly allowed for rebuttal evidence. The overall sentences imposed were excessive in totality; the appropriate sentence is eight years' imprisonment for each appellant.

Parties
Appellant: Robert Luke Colman; Appellant: Wayne Michael Terry; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
21 December 2004
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal against conviction dismissed; appeal against sentence allowed in part
Legal Topics
Double Jeopardy, Admissibility of Evidence, Voice Identification, Sentencing
Criminal Law Evidence Double Jeopardy Admissibility of Evidence Voice Identification Sentencing

Case Brief

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Parties

Robert Luke Colman

Appellant

Wayne Michael Terry

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether an acquittal on certain counts is conclusive proof of innocence for all purposes in subsequent related charges
  2. 2 Whether evidence relating to acquitted charges can be used in relation to other charges
  3. 3 Whether the trial judge erred in refusing to direct the jury that acquittals were conclusive proof of non-involvement

Ratio Decidendi

The effect of an acquittal is not to provide conclusive proof of innocence for all purposes; evidence relating to acquitted charges may be admissible in relation to other charges if relevant and fair. The trial judge correctly refused to direct the jury that the acquittals were conclusive proof of non-involvement and properly allowed for rebuttal evidence. The overall sentences imposed were excessive in totality; the appropriate sentence is eight years' imprisonment for each appellant.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed in part

Orders

  • Terry's appeal against conviction is dismissed.
  • In each case, sentence for aggravated burglary reduced to six years and for handling to two years, to be served consecutively, total eight years' imprisonment.