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
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Warren Laing
Appellant
Damian Loughman
Applicant
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether identification evidence by police officer was admissible
- 2 Whether failure to hold identification procedure breached Code D
- 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
Full Case Text
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