Source: All England Reporter
Publisher Citation: [2007] All ER (D) 247 (Feb)
Court: Court of Appeal, Criminal Division
Judge:

Hallett LJ, Goldring J and Sir Richard Curtis
Representation Sandip Patel (assigned by the Registrar of Criminal Appeals) for G.
  Nicholas Fooks (assigned by the Registrar of Criminal Appeals) for J.
  Anthony Haycroft (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 20 February 2007

Catchwords

Criminal law - Appeal - Appeal against conviction - False imprisonment - Blackmail - Unlawful wounding - Whether conviction unsafe.

The Case

Where the defendants had been convicted of false imprisonment, blackmail and unlawful wounding, the sentence could not be regarded as unsafe. The fact that the co-defendants had been acquitted had not meant that the jury had accepted their accounts; further they could not be identified from the video evidence as being active participants. However, both defendants could be seen and heard in the video recording and were both heard to be abusing S. The jury had acted strictly in accordance with their oath and the judge had given a clear direction.

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