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

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

Campbell's identification of Stubbs was a recognition case, not a true dock identification, and was properly permitted and directed; Scott's deposition and transcript were properly admitted and directed, with sufficient warnings on reliability and limitations; fresh evidence regarding Scott's police status was ambiguous, not material, and could have been obtained earlier; Higgs's analyst report was properly admitted through Thompson, with no unfairness to the accused; hearsay statements at the scene were admissible under statutory and common law exceptions, with directions to the jury; no errors in judge's directions materially affected the verdicts.

Citation
[2018] UKPC 30
Parties
Appellant: Stubbs; Appellant: Davis; Respondent/appellant: The Queen; Respondent: Evans
Jurisdiction
United Kingdom
Judgment Date
02 November 2020
Procedural Posture
Criminal Appeal / Judgment on Consolidated Appeals From Court of Appeal
Outcome
Appeals by Stubbs and Davis against conviction dismissed; Crown's appeal regarding Evans dismissed.
Legal Topics
Identification Evidence, Hearsay, Dock Identification, Fair Trial, Admission of Analyst Reports, Fresh Evidence
Criminal Law Evidence Identification Evidence Hearsay Dock Identification Fair Trial Admission of Analyst Reports Fresh Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Stubbs

Appellant

Davis

Appellant

The Queen

Respondent/appellant

Evans

Respondent

Procedural Posture

Criminal Appeal / Judgment on Consolidated Appeals From Court of Appeal

Legal Issues

  1. 1 Whether dock identification by Campbell was properly permitted and directed
  2. 2 Whether Scott's deposition and transcript were properly admitted and directed
  3. 3 Whether fresh evidence regarding Scott's police status should have been admitted

Ratio Decidendi

Campbell's identification of Stubbs was a recognition case, not a true dock identification, and was properly permitted and directed; Scott's deposition and transcript were properly admitted and directed, with sufficient warnings on reliability and limitations; fresh evidence regarding Scott's police status was ambiguous, not material, and could have been obtained earlier; Higgs's analyst report was properly admitted through Thompson, with no unfairness to the accused; hearsay statements at the scene were admissible under statutory and common law exceptions, with directions to the jury; no errors in judge's directions materially affected the verdicts.

Court Disposition

Appeals by Stubbs and Davis against conviction dismissed; Crown's appeal regarding Evans dismissed.

Orders

  • Convictions of Stubbs and Davis upheld; sentences of 45 years imprisonment confirmed.
  • Evans's convictions for murder and attempted murder quashed; no retrial ordered.