Phillips, R. v

Phillips, R. v

The identification evidence by Benjamaa was not inadmissible hearsay; only the attribution of the surname was hearsay, which falls under a statutory exception. The conviction is safe and the appeal must be dismissed.

Parties
Appellant: Wayne Daniel Phillips; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
17 February 2010
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Hearsay, Identification Evidence, Assault Occasioning Actual Bodily Harm
Criminal Law Hearsay Identification Evidence Assault Occasioning Actual Bodily Harm

Case Brief

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Parties

Wayne Daniel Phillips

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the identification evidence by Benjamaa was inadmissible hearsay
  2. 2 Whether the conviction was safe based on the evidence

Ratio Decidendi

The identification evidence by Benjamaa was not inadmissible hearsay; only the attribution of the surname was hearsay, which falls under a statutory exception. The conviction is safe and the appeal must be dismissed.

Court Disposition

appeal dismissed