A'Hearne, R. v [2022] EWCA Crim 1784 (13 December 2022)

A'Hearne, R. v [2022] EWCA Crim 1784 (13 December 2022)

The trial judge did not err in admitting the hearsay or bad character evidence, nor in refusing to discharge the jury. Although the evidence did not fully support a finding of permanent or irreversible harm for Category 1 under the sentencing guideline, the seriousness and lasting impact of the injuries justified a sentence at the upper end of Category 2, and the overall sentence was not manifestly excessive.

Citation
[2022] EWCA Crim 1784
Parties
Prosecution: Rex; Appellant: Wayne Anthony A'Hearne
Jurisdiction
England and Wales
Judgment Date
13 December 2022
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence
Outcome
Leave to appeal against conviction refused; leave to appeal against sentence granted but appeal dismissed.
Legal Topics
Attempted Murder, Admissibility of Hearsay Evidence, Bad Character Evidence, Sentencing Guidelines, Domestic Violence, Dangerousness, Extended Determinate Sentence
Criminal Law Attempted Murder Admissibility of Hearsay Evidence Bad Character Evidence Sentencing Guidelines Domestic Violence Dangerousness Extended Determinate Sentence

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Parties

Rex

Prosecution

Wayne Anthony A'Hearne

Appellant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in admitting hearsay evidence of an alleged confession
  2. 2 Whether the trial judge erred in admitting previous convictions as bad character evidence
  3. 3 Whether the trial judge erred in refusing to discharge the jury after late disclosure

Ratio Decidendi

The trial judge did not err in admitting the hearsay or bad character evidence, nor in refusing to discharge the jury. Although the evidence did not fully support a finding of permanent or irreversible harm for Category 1 under the sentencing guideline, the seriousness and lasting impact of the injuries justified a sentence at the upper end of Category 2, and the overall sentence was not manifestly excessive.

Court Disposition

Leave to appeal against conviction refused; leave to appeal against sentence granted but appeal dismissed.

Orders

  • Application for leave to appeal conviction refused
  • Application for leave to appeal sentence granted