Regina v Hersey: CACD 1 Dec 1997

The defendant appealed against his conviction for robbery, which had been based in part on witnesses identifying his voice. Particular concern was raised where a series of recordings had been brought together from which the witness had been asked to identify the voice of the criminal. The defendant complained that none of the other voices had a sufficient resemblance to his own, and that his expert’s evidence had been excluded.
Held: The judge’s decisions were in the nature of discretions. The decisions were proper and the evidence admissible. Appeal refused.

Citations:

[1997] EWCA Crim 3106, (1998) Crim LR 281

Jurisdiction:

England and Wales

Citing:

CitedRegina v Turner (Terence) CACD 1974
The defendant appealed against his conviction for murder. He admitted that he had killed his girlfriend with a hammer, but sought to bring psychiatric evidence that he was susceptible to provocation.
Held: The law jealously guards the role of . .
CitedRegina v Stockwell CA 5-Apr-1993
Expert evidence of facial comparison was admissible if the information and assessment are not otherwise available to the jury. As to Turner: ‘It is to be noted that Lawton LJ there referred to a jury forming their own conclusions ‘without help’. . .
CitedRegina v Clarke CACD 30-Jan-1995
There were no special rules for the admission of evidence by computerised facial mapping. The ultimate gatekeepers on the admission of evidence of previous convictions are the rules on similar fact evidence. . .
CitedRegina v Robb CACD 1991
The evidence of an expert to prove identification by voice was admissible. Also voice recognition evidence given by a phonetician was admissible as expert evidence; and that evidence of police officers who listened to disputed tapes and recognised . .

Cited by:

CitedDavies v Regina CACD 29-Oct-2004
The defendant appealed against his conviction for murder. He said the identification was partial and weak, being of a partial face and two spoken words. It was objected that his counsel had wrongly failed to object to its admission.
Held: . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 11 October 2022; Ref: scu.152561