Gabbana, Regina v: CACD 9 Nov 2020

Minor Error in Juror Directions – Conviction safe
The defendant appealed his conviction of murder. He was said to have instructed two others to carry it out. He now said that evidence had wrongly been admitted of bad character.
Held: It would have been better to direct the jury as to applying the ‘so you are sure’ to the questioned evidence but overall the direction corrected that omission and the error was insufficient to vitiate the conviction.
References: [2020] EWCA Crim 1473, [2020] WLR(D) 608
Links: Bailii, WLRD
Judges: Davis LJ, Jeremy Baker, Holgate JJ
Statutes: Criminal Justice Act 2003 101
Jurisdiction: England and Wales

Last Update: 16 November 2020; Ref: scu.655681