Watson & Ors, R. v (Rev1) [2023] EWCA Crim 960 (08 August 2023)

Watson & Ors, R. v (Rev1) [2023] EWCA Crim 960 (08 August 2023)

There is no absolute prohibition on judicial or prosecutorial comment regarding a defendant's failure to call witnesses; such comment is permissible if exercised with care and does not shift the burden of proof. The judge's directions and prosecution's clarification were sufficient to prevent prejudice. The convictions are safe and the sentences imposed were within the proper range given the facts and aggravating features.

Citation
[2023] EWCA Crim 960
Parties
Appellant: Roshane Watson; Appellant: Gizem Ozbahadir; Appellant: Leo Donaldson; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
08 August 2023
Procedural Posture
Criminal Appeal / Court of Appeal (criminal Division) Judgment on Conviction and Sentence Appeals
Outcome
All appeals dismissed; time extended for LD's application but appeal refused.
Legal Topics
Murder, Manslaughter, Joint Enterprise, Appeal Against Conviction, Appeal Against Sentence, Judicial Comment on Failure to Call Witnesses, Jury Directions, Sentencing Guidelines
Criminal Law Murder Manslaughter Joint Enterprise Appeal Against Conviction Appeal Against Sentence Judicial Comment on Failure to Call Witnesses Jury Directions +1 more

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Parties

Roshane Watson

Appellant

Gizem Ozbahadir

Appellant

Leo Donaldson

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal (criminal Division) Judgment on Conviction and Sentence Appeals

Legal Issues

  1. 1 Whether judicial and prosecutorial comment on a defendant's failure to call witnesses is permissible and if so, in what terms
  2. 2 Whether the convictions for murder, manslaughter, and related offences were safe given the evidence and jury directions
  3. 3 Whether the sentences imposed were manifestly excessive or wrong in principle

Ratio Decidendi

There is no absolute prohibition on judicial or prosecutorial comment regarding a defendant's failure to call witnesses; such comment is permissible if exercised with care and does not shift the burden of proof. The judge's directions and prosecution's clarification were sufficient to prevent prejudice. The convictions are safe and the sentences imposed were within the proper range given the facts and aggravating features.

Court Disposition

All appeals dismissed; time extended for LD's application but appeal refused.

Orders

  • RW's appeal against conviction dismissed.
  • GO's renewed application for permission to appeal conviction refused.