Lydiate, R v

Lydiate, R v

The identification evidence was properly admitted as it was a case of recognition and the judge's directions were adequate; adverse inferences under section 34 were properly left to the jury; prejudicial evidence was handled appropriately; there was no basis to admit fresh evidence; the sentence reflected the totality of offending and was not excessive or wrong in principle; there was no unjust disparity in sentencing; and there was no culpable delay attributable to the state.

Parties
Prosecution: Regina; Applicant: Stephen Brian Lydiate
Jurisdiction
England and Wales
Judgment Date
13 February 2004
Procedural Posture
Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Conviction and Sentence
Outcome
Leave to appeal against conviction and sentence refused.
Legal Topics
Conspiracy to Murder, Conspiracy to Kidnap, Conspiracy to Falsely Imprison, Identification Evidence, Adverse Inferences, Sentencing Principles, Fresh Evidence, Disparity in Sentencing, Human Rights (article 6 Echr)
Criminal Law Conspiracy to Murder Conspiracy to Kidnap Conspiracy to Falsely Imprison Identification Evidence Adverse Inferences Sentencing Principles Fresh Evidence +2 more

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Parties

Regina

Prosecution

Stephen Brian Lydiate

Applicant

Procedural Posture

Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the admission of identification evidence without an identification parade rendered the conviction unsafe
  2. 2 Whether the judge's directions to the jury on identification evidence were adequate
  3. 3 Whether adverse inferences could be drawn under section 34 Criminal Justice and Public Order Act 1994

Ratio Decidendi

The identification evidence was properly admitted as it was a case of recognition and the judge's directions were adequate; adverse inferences under section 34 were properly left to the jury; prejudicial evidence was handled appropriately; there was no basis to admit fresh evidence; the sentence reflected the totality of offending and was not excessive or wrong in principle; there was no unjust disparity in sentencing; and there was no culpable delay attributable to the state.

Court Disposition

Leave to appeal against conviction and sentence refused.