Anderson, R v [2010] EWCA Crim 2553 (03 November 2010)

Anderson, R v [2010] EWCA Crim 2553 (03 November 2010)

The appellant was given competent legal advice and made an informed decision not to give evidence; the absence of notes did not undermine the safety of the conviction; failure to deploy character evidence did not affect the outcome; there was no evidence to support provocation as a defence; the conviction for murder is safe.

Citation
[2010] EWCA Crim 2553
Parties
Prosecution: R; Appellant: Sarah Anderson
Jurisdiction
England and Wales
Judgment Date
03 November 2010
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Murder, Appeal, Professional Competence, Self Defence, Provocation, Bad Character Evidence
Criminal Law Murder Appeal Professional Competence Self Defence Provocation Bad Character Evidence

Case Brief

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Parties

R

Prosecution

Sarah Anderson

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellant received competent legal advice regarding trial strategy and giving evidence
  2. 2 Whether failure to deploy information about the deceased's character affected the safety of the conviction
  3. 3 Whether the judge erred in not leaving provocation to the jury

Ratio Decidendi

The appellant was given competent legal advice and made an informed decision not to give evidence; the absence of notes did not undermine the safety of the conviction; failure to deploy character evidence did not affect the outcome; there was no evidence to support provocation as a defence; the conviction for murder is safe.

Court Disposition

appeal dismissed