Harvey [2018] EWCA Crim 2936

The appellant was 16 at the time of offending and was convicted of murder and two counts of s18 wounding. The prosecution case was that he had participated in a group attack with his co-accused, there was eye witness evidence, CCTV and agreed expert evidence along with cell site and telephone evidence. The defence case was that he was not involved, he saw the fight and ran off, did not know how blood had ended up on his snood and relied on bad character evidence in relation to a co-accused.

The grounds of appeal against conviction included an issue with various bad character applications made by a co-accused, on a first ruling convictions were not admitted but “given the way in which the appellant’s convictions were put” the convictions were then introduced at a late stage. Previous reprehensible behaviour on the part of the co-accused was partially admitted in respect of an unproven allegation.

Held: the judge had discretion or power to exclude the evidence sought to be admitted at a late stage, the conclusion that the evidence should be admitted was one which she was amply entitled to. The appeal was dismissed.