The Queen (Appellant) v Evans (Respondent) (Bahamas)

The Queen (Appellant) v Evans (Respondent) (Bahamas)

The Board held that Campbell's identification of Stubbs was a recognition case, not a dock identification, and was properly admitted; the judge's directions were adequate. The admission of Scott's deposition and prior testimony was within the judge's discretion, and the directions to the jury were sufficient. The ballistics report was properly admitted through another expert, and the refusal to admit fresh evidence about Scott's employment was justified. The hearsay statements at the scene were not improperly admitted. There was no miscarriage of justice and the appeals against conviction were dismissed.

Citation
[2018] UKPC 30
Parties
Appellant: Stubbs; Appellant: Davis; Respondent (stubbs & Davis Appeals) / Appellant (evans Appeal): The Queen; Respondent (crown Appeal): Evans
Jurisdiction
United Kingdom
Judgment Date
02 November 2020
Procedural Posture
Criminal Appeal / Appeal to Privy Council From Court of Appeal (bahamas), Judgment
Outcome
Appeals against conviction dismissed; sentences affirmed as varied by the Court of Appeal; Crown's appeal against Evans dismissed.
Legal Topics
Identification Evidence, Dock Identification, Hearsay, Admissibility of Depositions, Fair Trial Rights, Ballistics Evidence, Fresh Evidence on Appeal
Criminal Law Evidence Identification Evidence Dock Identification Hearsay Admissibility of Depositions Fair Trial Rights Ballistics Evidence +1 more

Case Brief

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Parties

Stubbs

Appellant

Davis

Appellant

The Queen

Respondent (stubbs & Davis Appeals) / Appellant (evans Appeal)

Evans

Respondent (crown Appeal)

Procedural Posture

Criminal Appeal / Appeal to Privy Council From Court of Appeal (bahamas), Judgment

Legal Issues

  1. 1 Whether the trial judge erred in permitting dock identification and failed to give adequate directions on identification evidence
  2. 2 Whether the admission of a deceased witness's deposition and prior testimony was proper and whether it should have been edited
  3. 3 Whether the trial judge erred in admitting a ballistics report without the analyst being available for cross-examination

Ratio Decidendi

The Board held that Campbell's identification of Stubbs was a recognition case, not a dock identification, and was properly admitted; the judge's directions were adequate. The admission of Scott's deposition and prior testimony was within the judge's discretion, and the directions to the jury were sufficient. The ballistics report was properly admitted through another expert, and the refusal to admit fresh evidence about Scott's employment was justified. The hearsay statements at the scene were not improperly admitted. There was no miscarriage of justice and the appeals against conviction were dismissed.

Court Disposition

Appeals against conviction dismissed; sentences affirmed as varied by the Court of Appeal; Crown's appeal against Evans dismissed.

Orders

  • Stubbs and Davis's appeals against conviction dismissed.
  • Sentences of 45 years' imprisonment for Stubbs and Davis affirmed.