R v Camron Brown
[2023] EWCA Crim 1197
R v Owen McGowan & Ors.
21 February 2023
[2023] EWCA Crim 247
Court of Appeal
Four guys were convicted of stabbing someone. The court said they were guilty, but their sentences were too long because the judge made a mistake about how serious the stabbing was. So, the court made their sentences shorter.
Key Facts
- •Owen McGowan, Emeka Dawuda-Wodu, Bradley Baker, and Nyle Backhouse were convicted of wounding Charlie Hirshman with intent to do grievous bodily harm.
- •Dawuda-Wodu was also convicted of the murder of Ebrima Cham and perverting the course of justice.
- •Backhouse pleaded guilty to drug and money laundering offences.
- •The prosecution case relied on eyewitness testimony, forensic evidence (DNA on a knife), evidence of knives found at McGowan's home and internet searches related to knives, and the appellants' previous convictions for possessing bladed articles.
- •The appellants denied involvement in the stabbing.
Legal Principles
Admission of bad character evidence under sections 98 and 101(1)(d) of the Criminal Justice Act 2003.
Criminal Justice Act 2003
Nexus between evidence and the offence charged for evidence to fall under section 98 of the Criminal Justice Act 2003.
R v Tirnaveanu [2007] EWCA Crim 1239
Sentencing guidelines for wounding with intent and murder.
Sentencing Council's relevant definitive guideline
Definition of 'life-threatening injury' in the context of sentencing for section 18 offences.
Attorney General's Reference (R v O'Brien) [2022] 1 Cr App R(S) 53
Turnbull direction for identification evidence.
R v Turnbull
Outcomes
McGowan's appeal against conviction dismissed; sentence reduced from seven years to five years and six months.
Evidence of knives and internet searches admissible under section 101(1)(d) as evidence of propensity, outweighing prejudicial effect; Turnbull direction not needed; sentence reduced due to miscategorization of harm.
Dawuda-Wodu's appeal against conviction dismissed; minimum term for murder reduced from 31 years to 29 years.
Admission of bad character evidence (murder conviction) properly directed; sentence reduced due to youth and insufficient credit for guilty plea.
Baker's appeal against sentence allowed; sentence reduced from eight years to seven years.
Sentence reduced due to miscategorization of harm.
Backhouse's appeal against sentence allowed; sentence reduced from eight years to seven years.
Sentence reduced due to miscategorization of harm.