Ellis, R. v

Ellis, R. v

The judge's omission to warn the jury not to infer dishonesty or guilt from previous convictions did not render the conviction unsafe given the overwhelming evidence against the appellant. Possession of an offensive weapon in a car on a public highway constitutes possession in a public place under section 1(1) of the Prevention of Crime Act 1953.

Parties
Respondent: Regina; Appellant: Thomas Ellis
Jurisdiction
England and Wales
Judgment Date
12 January 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Offensive Weapons, Bad Character Evidence, Public Place Definition, Jury Directions
Criminal Law Offensive Weapons Bad Character Evidence Public Place Definition Jury Directions

Case Brief

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Parties

Regina

Respondent

Thomas Ellis

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the judge's directions to the jury regarding bad character and previous dishonesty rendered the conviction unsafe
  2. 2 Whether possession of an offensive weapon in a car on a public highway constitutes possession in a public place under section 1(1) of the Prevention of Crime Act 1953

Ratio Decidendi

The judge's omission to warn the jury not to infer dishonesty or guilt from previous convictions did not render the conviction unsafe given the overwhelming evidence against the appellant. Possession of an offensive weapon in a car on a public highway constitutes possession in a public place under section 1(1) of the Prevention of Crime Act 1953.

Court Disposition

appeal dismissed

Orders

  • conviction upheld
  • leave to appeal on further ground refused