Tully & Anor, R. v

Tully & Anor, R. v

The trial judge erred in admitting a wide range of dishonesty convictions to prove propensity, as only convictions with sufficient similarity and probative value should be admitted. However, the evidence against the appellants was strong, and the convictions for robbery and joint enterprise would have been properly admitted. The error did not render the convictions unsafe.

Parties
Prosecution: Regina; Appellant: Stephen Tully; Appellant: Kevin Wood
Jurisdiction
England and Wales
Judgment Date
16 March 2006
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeals against conviction dismissed; appeal against sentence (Wood) allowed in part
Legal Topics
Bad Character Evidence, Propensity, Fair Trial, Robbery, Breach of Anti Social Behaviour Order, Resisting Arrest
Criminal Law Bad Character Evidence Propensity Fair Trial Robbery Breach of Anti Social Behaviour Order Resisting Arrest

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Parties

Regina

Prosecution

Stephen Tully

Appellant

Kevin Wood

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in admitting a wide range of previous convictions as evidence of propensity under the Criminal Justice Act 2003
  2. 2 Whether the admission of such evidence rendered the trial unfair
  3. 3 Whether the convictions for robbery and joint enterprise should have been admitted

Ratio Decidendi

The trial judge erred in admitting a wide range of dishonesty convictions to prove propensity, as only convictions with sufficient similarity and probative value should be admitted. However, the evidence against the appellants was strong, and the convictions for robbery and joint enterprise would have been properly admitted. The error did not render the convictions unsafe.

Court Disposition

Appeals against conviction dismissed; appeal against sentence (Wood) allowed in part

Orders

  • Nine month sentence for breach of ASBO quashed and replaced with three months' imprisonment, consecutive to four years for robbery
  • One month imprisonment for resisting arrest to remain concurrent with breach of ASBO sentence but consecutive to robbery sentence