Source: All England Reporter
Publisher Citation: [2010] All ER (D) 276 (Nov)
Neutral Citation: [2010] EWCA Crim 3231
Court: Court of Appeal, Criminal Division
Judge:

Moses LJ, Hickinbottom J and the Recorder of Chester (judgment delivered extempore)
Representation Graeme Wilson appeared pro bono for R.
  Timothy Owen QC and David Young (instructed by Hughmans) for B.
  Julia Evans (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 25 November 2010

Catchwords

Criminal law - Trial - Conspiracy to rob - Conspiracy to kidnap - DNA evidence - Summing up - Whether judge adequately directing jury on contamination of evidence - Whether fresh evidence in respect of other possible conspirators casting doubt on the safety of conviction - Whether conviction unsafe.

The Case

Criminal law Trial. The Court of Appeal, Criminal Division, held, where the defendants had been convicted of notorious conspiracy to rob 53m from a depot in Kent and for conspiracy to kidnap the depot manager and his family, that there were no arguable grounds upon which to appeal against conviction. The appeal against sentence of imprisonment for public protection would be dismissed where, in the case of one defendant who had previous relevant offences, the judge had been justified in making the statutory assumption as to the significant risk of serious harm. However, in the case of the other defendant, who had no previous offences, the indeterminate sentence was not justified. The sentence of imprisonment for public protection in his case was quashed and substituted by a determinate sentence of 30 years' imprisonment.

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