Vincent & Anor v R

Vincent & Anor v R

The trial judge properly exercised discretion in refusing severance; the jury was adequately directed to disregard Attridge’s interviews in relation to the applicants; the summing up was fair and balanced; there was no admissible evidence of Attridge’s drug dealing relevant to the issues; the judicial comment did not affect the safety of the verdicts; however, the minimum terms imposed exceeded the proper range under the applicable pre-2003 Act regime and were reduced accordingly.

Parties
Appellant: Roger Vincent; Appellant: David Smith; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
26 January 2007
Procedural Posture
Criminal Appeal / Judgment on Applications for Leave to Appeal Against Conviction and Sentence
Outcome
applications for leave to appeal against conviction refused; leave to appeal against sentence granted and appeals allowed
Legal Topics
Murder, Joint Trial, Admissibility of Evidence, Jury Directions, Bad Character Evidence, Sentence Appeals
Criminal Law Murder Joint Trial Admissibility of Evidence Jury Directions Bad Character Evidence Sentence Appeals

Case Brief

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Parties

Roger Vincent

Appellant

David Smith

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Applications for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in refusing severance of the trial
  2. 2 Whether the use of co-defendant Attridge’s police interviews rendered the convictions unsafe
  3. 3 Whether the summing up was unfair or unbalanced

Ratio Decidendi

The trial judge properly exercised discretion in refusing severance; the jury was adequately directed to disregard Attridge’s interviews in relation to the applicants; the summing up was fair and balanced; there was no admissible evidence of Attridge’s drug dealing relevant to the issues; the judicial comment did not affect the safety of the verdicts; however, the minimum terms imposed exceeded the proper range under the applicable pre-2003 Act regime and were reduced accordingly.

Court Disposition

applications for leave to appeal against conviction refused; leave to appeal against sentence granted and appeals allowed

Orders

  • Convictions upheld for both applicants
  • Minimum term for Vincent reduced from 30 years to 25 years less 386 days