Downer, Regina v: CACD 6 Jul 2009

The defendant appealed his conviction for aggravated burglary. He complained that evidence of his co-accuseds’ please of guilty had been admitted even though the factual basis of those please differed from the prosecution case aganst him.
Held: The appeal was allowed. The co-defendants admitted only finding the weapons at issue in the flat they burgled. The prosecution alleged against the defendant that he brought them with him. A direction to the jury would be unable safely to remove the risk of confusion and unfairness.

Judges:

Lord Justice Scott Baker, Mr Justice King and Judge Moss, QC

Citations:

[2009] EWCA Crim 1361, Times 26-Aug-2009

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 78

Crime

Updated: 30 July 2022; Ref: scu.347431