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England and Wales Court of Appeal (Criminal Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Noye, R. v  EWCA Crim 2229 (10 October 2001)
Cite as:  EWCA Crim 2229
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The Central Criminal Court
London EC4M 7EH
B e f o r e :
(The Lord Woolf of Barnes)
MR JUSTICE DOUGLAS BROWN
MR JUSTICE ASTILL
|R E G I N A|
|- v -|
Smith Bernal, 190 Fleet Street, London EC4
Telephone 020-7421 4040
(Official Shorthand Writers to the Court)
MR E J BEVAN QC and MR M ELLISON appeared on behalf of THE CROWN
Crown Copyright ©
1. THE LORD CHIEF JUSTICE: We begin our judgment on this appeal by acknowledging the help that we have had both from leading counsel for the appellant and leading counsel for the Crown. It is not an easy appeal. A large amount of material has had to be considered and we have only been able to dispose of the appeal in the time in which we have by doing a very considerable amount of reading of the material outside court.
The background facts
"I've just seen somebody stabbed."
"I came out of like Lewisham and I went straight up -- I think it's the A2, and just where there's a big roundabout, yeah, to turn left for the Dartford tunnel or right ah, for the M25 and out towards Brighton, there was two guys having a fight and I saw a guy in Range Rover pull a knife out of his right-hand pocket and stab the guy in the red van in the chest. And the guy in the Range Rover pulled right across the front of my car. He jumped back into the car."
"I saw him pull a flick-knife out of his right-hand pocket.
And the guy in the van was sort of getting the better of the other guy."
".... definitely, definitely 100% saw him stab the other guy in the top of the stomach, you know, between -- you know, about in the diaphragm area."
".... did you actually see any gun involved?
De Cabral: Any what?
The police officer: Any gun? A firearm?
Mr De Cabral: I saw something that he had under his jacket. He -- he --
They were fighting with something. I'm not sure what it was because I, I just pulled up and I saw them stopped in the road, yeah.
And I saw they were sort of like wrestling and I'm not sure, they could have been wrestling with a gun, or I, I'm not sure. I don't want to say because I just don't know.
The police officer: You just saw the knife and him being stabbed with the knife?
De Cabral: I 100% saw the knife go into his chest and I saw the blood.
The police officer: Okay."
The Grounds of Appeal
A. Stay of Prosecution
B. Excessive Security
Mr De Cabral