18th May 2011

Facts

The appellant (S) appealed against his conviction for murder. The victim (V) had shared a house in Jamaica with his girlfriend (M). Her evidence was that S had shot V in the head at their home, in front of S’s mother, that V had then been shot by two other men and the three men had run off with S’s brother. M also gave evidence, largely unchallenged, that she had known S, his mother and brother for some years. S gave his evidence by way of an unsworn statement and denied shooting anyone. S submitted that (1) his case was one of dock identification and an identification parade should have been held; (2) he was wrongly denied a good character direction.

Held

Where a defendant had been denied a good character direction in his trial for murder due to his counsel’s incompetence, the jury would have reached the same verdict if the direction had been given as there was overwhelming evidence of recognition.

Download the full judgment here. Tom Poole acted for the Respondent.


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