Onyeabor, R. v [2009] EWCA Crim 534 (06 March 2009)

Onyeabor, R. v [2009] EWCA Crim 534 (06 March 2009)

The statements made by OJ to the undercover officers were admissible against the applicant as they were made in furtherance of a joint criminal enterprise, and the trial judge correctly admitted them. There was no error of law or unfairness in the proceedings, and the conviction is safe.

Citation
[2009] EWCA Crim 534
Parties
Prosecution: Regina; Applicant: Valentine Onyeabor
Jurisdiction
England and Wales
Judgment Date
06 March 2009
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
application for leave to appeal refused
Legal Topics
Joint Enterprise, Admissibility of Evidence, Hearsay, Police and Criminal Evidence Act 1984, Criminal Justice Act 2003

Case Brief

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Parties

Regina

Prosecution

Valentine Onyeabor

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

  1. 1 Whether statements made by an accomplice in furtherance of a joint criminal enterprise are admissible against the applicant
  2. 2 Whether such evidence should be excluded under section 78 of the Police and Criminal Evidence Act 1984 due to prejudice

Ratio Decidendi

The statements made by OJ to the undercover officers were admissible against the applicant as they were made in furtherance of a joint criminal enterprise, and the trial judge correctly admitted them. There was no error of law or unfairness in the proceedings, and the conviction is safe.

Court Disposition

application for leave to appeal refused

Orders

  • Application for leave to appeal against conviction is refused.