Jones & Anor, R v [2003] EWCA Crim 1966 (6 June 2003)

Jones & Anor, R v [2003] EWCA Crim 1966 (6 June 2003)

The trial judge's misdirection regarding exculpatory evidence and failure to warn the jury about co-defendant evidence rendered the trial unfair and the convictions unsafe. Fresh evidence exonerating Jenkins was capable of belief and material to the central issue. Both appeals allowed and re-trial ordered.

Citation
[2003] EWCA Crim 1966
Parties
Appellant: Wayne Daniel Jones; Appellant: Mathew Jenkins; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
06 June 2003
Procedural Posture
Criminal Appeal / Court of Appeal Judgment, Post Conviction, Appeals Against Conviction and Sentence
Outcome
Appeals allowed; convictions quashed; re-trial ordered.
Legal Topics
Murder, Misdirection, Cut Throat Defence, Fresh Evidence, Unsafe Conviction, Re Trial
Criminal Law Murder Misdirection Cut Throat Defence Fresh Evidence Unsafe Conviction Re Trial

Case Brief

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Parties

Wayne Daniel Jones

Appellant

Mathew Jenkins

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment, Post Conviction, Appeals Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge misdirected the jury regarding exculpatory evidence
  2. 2 Whether the judge failed to warn the jury about evidence from a co-defendant running a cut-throat defence
  3. 3 Whether the judge wrongly dismissed the possibility of fatal injuries being caused by a road traffic accident

Ratio Decidendi

The trial judge's misdirection regarding exculpatory evidence and failure to warn the jury about co-defendant evidence rendered the trial unfair and the convictions unsafe. Fresh evidence exonerating Jenkins was capable of belief and material to the central issue. Both appeals allowed and re-trial ordered.

Court Disposition

Appeals allowed; convictions quashed; re-trial ordered.

Orders

  • Fresh indictment to be preferred and arraignment within 2 months of order.
  • Trial to be directed by presiding judge of circuit, not necessarily at same Crown Court.