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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 >> Muhedeen v R. (Rev 1)  EWCA Crim 1 (19 January 2016)
Cite as:  EWCA Crim 1
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ON APPEAL FROM NOTTINGHAM CROWN COURT
Mr Recorder Swain
Strand, London, WC2A 2LL
B e f o r e :
MRS JUSTICE SIMLER DBE
HIS HONOUR JUDGE WAIT
(SITTING AS A JUDGE OF THE CACD)
| ARAM MUHEDEEN
|- and -
S Coupland (instructed by the Crown Prosecution Service) for the Respondent
Hearing date : 9 December 2015
Crown Copyright ©
Lord Justice Treacy :
"(1) In criminal proceedings evidence of the bad character of a person other than the defendant is admissible if and only if –
(a) it is important explanatory evidence,
(b) it has substantial probative value in relation to a matter which –
(i) is a matter in issue in the proceedings, and
(ii) is of substantial importance in the context of the case as a whole, or
(c) all parties to the proceedings agree to the evidence being admissible.
(2) For the purposes of subsection (1)(a) evidence is important explanatory evidence if –
(a) without it, the court or jury would find it impossible or difficult properly to understand other evidence in the case, and
(b) its value for understanding the case as a whole is substantial. "
i) Richardson was the aggressor.
ii) In the side street the first blow was struck by Richardson who hit the appellant with his fist.
iii) A large group of men emerged from the nearby restaurant.
iv) That group was responsible for the attack on Richardson.
v) The appellant and his co-accused had played no part in the attack.
vi) Richardson must have been stabbed by one of the men from the restaurant rather than by the appellant or his companions.