R v Olukunle Ajani Afolabi
[2024] EWCA Crim 249
R v Mohammed Riasat Malik
7 March 2024
[2024] EWCA Crim 292
Court of Appeal
A man was convicted of stabbing someone. He appealed, saying the judge gave the jury misleading instructions. The Court of Appeal said there was enough evidence to convict him even with the judge's mistake, so the conviction stayed.
Key Facts
- •Mohammed Riasat Malik (applicant) convicted of unlawful wounding and possessing an offensive weapon.
- •Victim, Raza Ali, claimed Malik stabbed him after a dispute over a stolen watch.
- •Ali's testimony supported by witness Liam Pemberton.
- •Malik gave a different account in court, claiming Ali was the aggressor and he did not possess a knife.
- •A knife was found in Malik's flat, but no DNA evidence linked it to Ali.
- •A receipt showed Ali pawned a Hugo Boss watch weeks before the incident.
Legal Principles
Outcomes
Appeal against conviction refused.
The court found the conviction safe, citing sufficient evidence including Ali's testimony, Pemberton's corroboration, and Malik's inconsistent statements. While the judge's direction regarding the possibility of Malik using a different knife was unhelpful, it did not affect the safety of the conviction given the totality of the evidence.