Roshane Watson & Ors v R

Roshane Watson & Ors v R

The judge's directions and the prosecution's clarification were sufficient to address any potential prejudice from comments on the failure to call witnesses. There is no absolute prohibition on such comment; its appropriateness is fact-specific and within the trial judge's discretion. The convictions are safe and the sentences imposed were not manifestly excessive or wrong in principle.

Parties
Appellant: Roshane Watson; Appellant: Gizem Ozbahadir; Appellant: Leo Donaldson; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
all appeals dismissed
Legal Topics
Murder, Manslaughter, Joint Enterprise, Appeal Against Conviction, Appeal Against Sentence, Judicial Comment on Failure to Call Witnesses, Jury Management, Sentencing Guidelines
Criminal Law Murder Manslaughter Joint Enterprise Appeal Against Conviction Appeal Against Sentence Judicial Comment on Failure to Call Witnesses Jury Management +1 more

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Parties

Roshane Watson

Appellant

Gizem Ozbahadir

Appellant

Leo Donaldson

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the judge failed to give a proper direction to correct prosecution comments on the appellant's failure to call witnesses
  2. 2 Whether the conviction of Gizem Ozbahadir for murder was inconsistent with her acquittal on possession of a firearm with intent to endanger life
  3. 3 Whether the jury's deliberations were so fractured as to render the verdicts unsafe

Ratio Decidendi

The judge's directions and the prosecution's clarification were sufficient to address any potential prejudice from comments on the failure to call witnesses. There is no absolute prohibition on such comment; its appropriateness is fact-specific and within the trial judge's discretion. The convictions are safe and the sentences imposed were not manifestly excessive or wrong in principle.

Court Disposition

all appeals dismissed

Orders

  • Roshane Watson's appeal against conviction dismissed
  • Gizem Ozbahadir's renewed application for permission to appeal against conviction refused