Willett, R v

Willett, R v

The judge did not err in admitting the evidence of Nicola Nolan and witness B, nor in granting anonymity to witness B, nor in admitting the previous conviction for aggravated vehicle taking. There was sufficient evidence for the case to go to the jury. However, the sentence of 16 years was excessive given the...

Source-derived case information.

Parties
Respondent: The Queen; Appellant: Tommy Willett
Jurisdiction
England and Wales
Judgment Date
23 November 2011
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence After Retrial
Outcome
Appeal against conviction dismissed; appeal against sentence allowed in part
Legal Topics
Manslaughter, Murder, Joint Enterprise, Witness Anonymity, Admissibility of Evidence, Previous Convictions, Appeal Procedure, Sentencing
Criminal Law Manslaughter Murder Joint Enterprise Witness Anonymity Admissibility of Evidence Previous Convictions Appeal Procedure +1 more

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Summary, issues, holding and outcome

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Parties

The Queen

Respondent

Tommy Willett

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence After Retrial

Legal Issues

  1. 1 Whether the evidence of Nicola Nolan and witness B should have been excluded due to police contact prior to retrial
  2. 2 Whether witness B should have been granted anonymity
  3. 3 Whether evidence of a previous conviction was properly admitted and directed

Ratio Decidendi

The judge did not err in admitting the evidence of Nicola Nolan and witness B, nor in granting anonymity to witness B, nor in admitting the previous conviction for aggravated vehicle taking. There was sufficient evidence for the case to go to the jury. However, the sentence of 16 years was excessive given the appellant's role as a passenger, and should be reduced to 14 years.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed in part

Orders

  • Sentence of 16 years' imprisonment quashed and substituted with 14 years' imprisonment on count 2 (manslaughter)
  • Time spent in custody on remand to count towards sentence