Duncan, R. v

Duncan, R. v

The appeal was dismissed because the trial was fair, the principal issues were for the jury, the judge's summing-up and directions were adequate, and the oral evidence sought to be admitted would not have materially advanced the defence; no lurking doubt as to the safety of the convictions was established.

Parties
Respondent: Regina; Appellant: Stacey Jerome Duncan
Jurisdiction
England and Wales
Judgment Date
14 November 2003
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Rape, Grievous Bodily Harm, Admissibility of Evidence, Character Evidence, Majority Verdicts, Fair Trial
Criminal Law Rape Grievous Bodily Harm Admissibility of Evidence Character Evidence Majority Verdicts Fair Trial

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Stacey Jerome Duncan

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the conviction of the appellant was unsafe
  2. 2 Whether fresh evidence from Jonny Hoyt should be admitted
  3. 3 Whether the judge's summing-up was unfair or unbalanced

Ratio Decidendi

The appeal was dismissed because the trial was fair, the principal issues were for the jury, the judge's summing-up and directions were adequate, and the oral evidence sought to be admitted would not have materially advanced the defence; no lurking doubt as to the safety of the convictions was established.

Court Disposition

appeal dismissed

Orders

  • convictions upheld
  • no leave to adduce fresh evidence