Laing & Anor, R. [2013] EWCA Crim 1836 (03 October 2013)

Laing & Anor, R. [2013] EWCA Crim 1836 (03 October 2013)

No breach of Code D was established as witness could not identify attackers; identification evidence by police officer was properly admitted; jury directions, though not perfect, were sufficient; evidence of association with vehicle was relevant and not unfairly prejudicial; no ground undermined safety of verdict.

Citation
[2013] EWCA Crim 1836
Parties
Prosecution: Regina; Appellant: Warren Laing; Applicant: Damian Loughman
Jurisdiction
England and Wales
Judgment Date
03 October 2013
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Identification Evidence, Admissibility of Evidence, Jury Directions, Abuse of Process, Extended Sentence, Joint Enterprise

Case Brief

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Parties

Regina

Prosecution

Warren Laing

Appellant

Damian Loughman

Applicant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

  1. 1 Whether identification evidence by police officer was admissible
  2. 2 Whether failure to hold identification procedure breached Code D
  3. 3 Whether judge's directions to jury were adequate

Ratio Decidendi

No breach of Code D was established as witness could not identify attackers; identification evidence by police officer was properly admitted; jury directions, though not perfect, were sufficient; evidence of association with vehicle was relevant and not unfairly prejudicial; no ground undermined safety of verdict.

Court Disposition

appeal dismissed

Orders

  • Laing's appeal against conviction dismissed
  • Loughman's renewed application for leave to appeal refused