Firearms Appeal

A Tuckers client’s appeal was successful in the quashing of a conviction of possesion of a firarm with intent and conspiracy to pervert the course of justice, resulting in a reduced minimum term sentence on the other points. The appeal point was that evidence from a witness that is not only absent but also anonymous is inadmissable. Anonymous witness evidence is only admissable if it falls within the Criminal Evidence (Witness Anonymity) Act 2008 ( ie is a witness who will be called to give evidence) [or that Act’s successor], and is not admissable under s114(1)(d) Criminal Justice Act 2003. In this case the evidence of an unidentified witness who said ” I heard shots and saw them get into this car”, providing a written note of the number plate was the evidence that the Court of Appeal deemed inadmissable.