R v Wayne Anthony A'Hearne

R v Wayne Anthony A'Hearne

No arguable error in judge's admission of hearsay and bad character evidence; insufficient evidential basis for Category 1 harm but sentence not manifestly excessive given severity and aggravating factors.

Parties
Prosecution: Rex; Applicant: 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 sentence granted; appeal against conviction and sentence dismissed.
Legal Topics
Attempted Murder, Domestic Violence, Hearsay Evidence, Bad Character Evidence, Sentencing Guidelines
Criminal Law Attempted Murder Domestic Violence Hearsay Evidence Bad Character Evidence Sentencing Guidelines

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Parties

Rex

Prosecution

Wayne Anthony A'Hearne

Applicant

Procedural Posture

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

Legal Issues

  1. 1 admissibility of hearsay evidence
  2. 2 admissibility of bad character evidence
  3. 3 application of sentencing guidelines for attempted murder

Ratio Decidendi

No arguable error in judge's admission of hearsay and bad character evidence; insufficient evidential basis for Category 1 harm but sentence not manifestly excessive given severity and aggravating factors.

Court Disposition

Leave to appeal against sentence granted; appeal against conviction and sentence dismissed.

Orders

  • Application for leave to appeal conviction refused.
  • Application for leave to appeal sentence granted but appeal dismissed.