R v Cooper (Sean)

JurisdictionEngland & Wales
CourtCourt of Appeal (Criminal Division)
JudgeLORD JUSTICE WIDGERY
Judgment Date08 November 1968
Judgment citation (vLex)[1968] EWCA Crim J1108-1
Date08 November 1968
Docket NumberNo. 2758/68

[1968] EWCA Crim J1108-1

IN THE COURT OF APPEAL

CRIMINAL DIVISION

Royal Courts of Justice

Before:

Lord Justice Widgery

Lord Justice Fenton Atkinson

and

Mr. Justice O'Connor

No. 2758/68

Regina
and
Sean Cooper

MR. R. FRISBY appeared on behalf of the Appellant.

MR. C.J. CRESPI appeared on behalf of the Crown.

LORD JUSTICE WIDGERY
1

This appellant was convicted at the Inner London Sessions last April by a majority verdict of ten to two on one count of assault occasioning actual bodily harm. He received a sentence of eighteen months' imprisonment. He now appeals against his conviction by leave of the full Court.

2

The victim of the assault was a Miss McFarlane, a 22-year old girl, who said that at 11 o'clock on a December night last year she and a girl friend were walking in the Earls Court Road when three young men came along and surrounded her friend. Miss McFarlane walked on a little, being rather embarrassed by this, but, realising that the men were drunk and that her friend was in some difficulty, she turned back to give her support. She said that as she approached the group one of the men came towards her, mumbled something, pushed her into a doorway and hit her in the mouth with his first, with the result that she lost three front teeth, which were snapped off. She said she was somewhat dazed by the blow, which was understandable, but that the man hit her a second time and then ran off.

3

There is no doubt that an assault of that nature occurred at the time, and there is no doubt that, if the appellant was properly convicted of it, eighteen months was not a day too long. But, as will appear, this was a difficult identity case.

4

Miss McFarlane had no trouble in regard to identification. The appellant stood on an identification parade on the 17th January, some six weeks after the offence, and Miss McFarlane picked him out at once. His own words were "She never looked at anyone else", and clearly she had no doubt about it at all.

5

The difficulties, such as they are, arise from quite different matters. Before I come to them, I should say that a Mr. Fay, who was one of the other men involved in this affair, gave evidence for the defence; and the substance of his evidence was that it was not the appellant who had hit Miss McFarlane but another man, who goes under a variety of names, one of which is Peter Burke. Mr. Fahy was destroyed in cross-examination, no doubt because it was proved that immediately after the affair he had told the Police that it was the appellant who had been the assailant; but his sworn evidence was in the contrary sense.

6

The important witness on behalf of the defendant whose evidence does give rise to the difficulties in this case was a Mr. Davis. He was a friend of the appellant of some two-and-a-half years' standing, but no one seems to have attacked his credit in the Court below. He was not present on the occasion of this assault, but he visited the appellant in prison shortly afterwards and, owing to insufficient time for visitors...

To continue reading

Request your trial
230 cases
  • Glen Richardson v R
    • Caribbean Community
    • Eastern Caribbean Supreme Court
    • 7 April 2008
    ...years on each of counts two and three are substituted for those imposed by the learned trial judge. R v Galbraith [1981] 1 WLR 1039 applied R v Cooper [1969] 1QB 267, 271 distinguished R v Radcliffe [1990] Crim. LR 524 distinguished Kwong Kin-Lung v The Queen [1996] UKPC 39 considered THOM......
  • Zephrine Charles Appellant v The Queen Respondent [ECSC]
    • Caribbean Community
    • Eastern Caribbean Supreme Court
    • 22 January 1974
    ...were enough to create a lingering doubt in the mind of the Court that a verdict of murder was correct, and relying onR.V. Cooper (1969) 1 Q.B. 267 he asked the Court to set aside this verdict as being unsafe and unsatisfactory. 26 In the opinion of the Court the arguments adduced in relatio......
  • Lim Yam Tek and Another v PP
    • Malaysia
    • Federal Court (Malaysia)
    • Invalid date
  • Stafford v DPP; Luvaglio v DPP
    • United Kingdom
    • House of Lords
    • 18 October 1973
    ...my opinion, a question of law and, with respect, I do not think that the question certified in this case involves a question of law. 12In R. v. Cooper [1969] 1 A.E.R. 32, an appeal in which no fresh evidence was heard, Lord Widgery said:— "However … we are charged to allow an appeal ag......
  • Request a trial to view additional results
6 books & journal articles
  • Subject Index
    • United Kingdom
    • International Journal of Evidence & Proof, The Nbr. 12-4, November 2008
    • 1 November 2008
    .... . . . . . . 279R vCochrane [1993] CrimLR 48 . . . . . . . . . . . . 296R vCooke [1995] 1Cr App R318 . . . . . . . . . . . .279R vCooper [1969] 1QB 267 . . . . . . . . . . . . . . . .163R v Coulston, unreported, 13 February 1984,CA. . . . . . . . . . . . . . . . . . . . . . 280,290, 291, 2......
  • Table of Cases
    • United Kingdom
    • International Journal of Evidence & Proof, The Nbr. 11-4, October 2007
    • 1 October 2007
    ...CCC 113. . 125R v Cook [1993] 1 WLR 1005, CA . . . . . . . . . . . 110R v Cooke [1995] 1 Cr App R 318 . . . . . . . . 79, 202R v Cooper [1969] 1 QB 267; (1969) 53 Cr AppR 82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64, 236R v Couture, 2007 SCC 28. . . . . . . . . . . . . .......
  • The Safety of Convictions in the Court of Appeal: Fresh Evidence in the Criminal Division Through an Empirical Lens
    • United Kingdom
    • Journal of Criminal Law, The Nbr. 83-6, December 2019
    • 1 December 2019
    ...Appeal Act 1995, s 2.9. Criminal Appeal Act 1968 (as amended), s 2.10. JC Smith, ‘Legislative Comment’ (1995) Crim LR 920.11. (1969) 53 Cr App R 82.12. [1974] AC 878.13. Roberts (n 6).14. Ibid 305.15. Ibid 325.434 The Journal of Criminal Law approach, fresh evidence appeals were less likely......
  • Noticeboard
    • United Kingdom
    • International Journal of Evidence & Proof, The Nbr. 11-1, February 2007
    • 1 February 2007
    ...finds acounterpart in England at appellate level in the subjective ‘lurking doubt’ test fordetecting an unsafe conviction (RvCooper (1969) 53 Cr App R 82 at 85). Lord Lanetried, and failed, to replace this with a more objective test, namely ‘whether wefeel a reasoned and substantial unease ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT