Shanks, R. v

Shanks, R. v

The trial judge's directions regarding the previous conviction were accurate and did not misrepresent its effect or unfairly prejudice the appellant's credibility. The jury was correctly told the conviction was binding as to possession with intent to endanger life on the day in question, but not as to intent to kill. The appeal grounds failed as the judge's directions were proper and the evidence of intent was overwhelming.

Parties
Prosecution: Regina; Defendant: Thomas Shanks
Jurisdiction
England and Wales
Judgment Date
19 March 2003
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Murder, Diminished Responsibility, Provocation, Admissibility of Previous Convictions, Intent
Criminal Law Murder Diminished Responsibility Provocation Admissibility of Previous Convictions Intent

Case Brief

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Parties

Regina

Prosecution

Thomas Shanks

Defendant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge misdirected the jury regarding the effect of the previous conviction for possessing a firearm with intent to endanger life
  2. 2 Whether the jury was wrongly told they were bound by the previous conviction

Ratio Decidendi

The trial judge's directions regarding the previous conviction were accurate and did not misrepresent its effect or unfairly prejudice the appellant's credibility. The jury was correctly told the conviction was binding as to possession with intent to endanger life on the day in question, but not as to intent to kill. The appeal grounds failed as the judge's directions were proper and the evidence of intent was overwhelming.

Court Disposition

appeal dismissed

Orders

  • Appeal against conviction of murder dismissed.