Tesfazgi, R v
There was overwhelming evidence against the applicant, the third-party confession was unreliable and likely an attempt to derail the trial, and the trial judge was correct in refusing to discharge the jury; thus, the convictions are safe.
- Parties
- Prosecution: Regina; Applicant: Sammi Tesfazgi
- Jurisdiction
- England and Wales
- Judgment Date
- 17 April 2018
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Against Conviction (renewal Before Court of Appeal)
- Outcome
- application for leave to appeal refused
- Legal Topics
- Aggravated Vehicle Taking, Possession of Prohibited Firearm, Possession of Bladed Article, Jury Discharge, Fresh Evidence on Appeal
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Sammi Tesfazgi
Applicant
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction (renewal Before Court of Appeal)
Legal Issues
- 1 Whether the trial judge erred in refusing to discharge the jury after a third-party confession emerged
- 2 Whether the applicant's convictions were rendered unsafe by the refusal to discharge the jury
Ratio Decidendi
There was overwhelming evidence against the applicant, the third-party confession was unreliable and likely an attempt to derail the trial, and the trial judge was correct in refusing to discharge the jury; thus, the convictions are safe.
Court Disposition
application for leave to appeal refused
Orders
- application for adjournment refused
- application for leave to appeal against conviction refused
Full Case Text
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