Shervington, R. v

Shervington, R. v

Despite the judge's failure to fully articulate reasons at the no case stage and unwise departures from the standard Turnbull direction, the identification evidence was sufficient for the case to go to the jury and the summing-up, read as a whole, did not render the conviction unsafe.

Source-derived case information.

Parties
Appellant: Samuel Amos Shervington; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
12 February 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
Appeal dismissed; conviction upheld
Legal Topics
Identification Evidence, Appeal Against Conviction, Judicial Directions, Summing Up, No Case to Answer
Criminal Law Identification Evidence Appeal Against Conviction Judicial Directions Summing Up No Case to Answer

Source-derived case record

Summary, issues, holding and outcome

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Parties

Samuel Amos Shervington

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in refusing a submission of no case to answer in an identification case
  2. 2 Whether the judge's summing-up and directions to the jury on identification evidence were inadequate or unfair

Ratio Decidendi

Despite the judge's failure to fully articulate reasons at the no case stage and unwise departures from the standard Turnbull direction, the identification evidence was sufficient for the case to go to the jury and the summing-up, read as a whole, did not render the conviction unsafe.

Court Disposition

Appeal dismissed; conviction upheld