Source: All England Reporter
Publisher Citation: [2012] All ER (D) 192 (Dec)
Neutral Citation: [2012] EWCA Crim 2750
Court: Court of Appeal, Criminal Division

Lord Judge CJ, Fulford and Bean JJ

Representation Andrew Jefferies QC (assigned by the Registrar of Criminal Appeals) for the defendant.
  Simon Laws QC and Joss Ticehurst for the second defendant.
  John Price QC (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 18 December 2012


Criminal evidence - Exclusion of evidence - Adverse effect on fairness of proceedings - First defendant found guilty of attack on B, leaving B with injuries to brain - First defendant convicted of wounding with intent to cause grievous bodily harm - B requiring feeding through tube - B dying following complication with insertion of tube several years later - First defendant tried for murder of B - First defendant's earlier conviction for wounding admitted - First defendant found guilty of murder of B - Second defendant convicted of murder in similar circumstances - Defendants appealing - Whether earlier convictions admissible - 74(3), 78.

The Case

Criminal evidence Exclusion of evidence. Both defendants were convicted of offences contrary to of the Offences Against the Person Act 1861. In each case, the injured party had been permanently hospitalised and had died some while later. The defendants were subsequently convicted of murder. They appealed against conviction on the ground that the evidence of the convictions for wounding ought not to have been admitted. In dismissing the appeals, the Court of Appeal, Criminal Division, held that there was nothing in either case to justify excluding the evidence under of the Police and Criminal Evidence Act 1984.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.