Godber & Anor, R v
The trial judge correctly exercised his discretion in refusing severance as the circumstances were not exceptional, the previous convictions were properly admitted as relevant to matters in issue, and there was no abuse of process as all proper disclosure was made and tactical decisions by counsel did not compromise the fairness of the trial.
- Parties
- Prosecutor: Regina; Appellant: Roy Alfred Godber; Appellant: David Alan Roberts
- Jurisdiction
- England and Wales
- Judgment Date
- 04 December 2013
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Severance of Trials, Admissibility of Previous Convictions, Abuse of Process, Importation of Controlled Drugs
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecutor
Roy Alfred Godber
Appellant
David Alan Roberts
Appellant
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the trial judge erred in refusing severance applications
- 2 Whether previous convictions were properly admitted under section 101(1)(d) of the Criminal Justice Act 2003
- 3 Whether there was an abuse of process due to inconsistent and poor quality audio evidence
Ratio Decidendi
The trial judge correctly exercised his discretion in refusing severance as the circumstances were not exceptional, the previous convictions were properly admitted as relevant to matters in issue, and there was no abuse of process as all proper disclosure was made and tactical decisions by counsel did not compromise the fairness of the trial.
Court Disposition
appeal dismissed
Orders
- Leave to appeal granted to both appellants
- Extension of time to appeal granted to Roberts
Full Case Text
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