Wilkie, R. v

Factual and Procedural Background

The Plaintiff, aged 39, was tried in the Crown Court at Isleworth in November 2023 on charges of wounding with intent to cause grievous bodily harm under section 18 of the Offences Against the Person Act 1861, and alternatively unlawful wounding under section 20 of the same Act. The jury acquitted the Plaintiff of the section 18 offence but convicted him of the section 20 offence. He was sentenced to two years and six months' imprisonment and now appeals against the conviction by leave of a single judge.

The incident occurred on the evening of 19 October 2020 at an address in Hayes, Middlesex, where the Plaintiff allegedly attacked and wounded the Complainant. The prosecution case relied mainly on the Complainant's evidence, who identified the Plaintiff as the assailant. Identification procedures and cell site analysis were also presented as supporting evidence. The Plaintiff denied involvement, claiming mistaken identity and providing an alibi supported by his account of events and denying ownership of a bicycle used during the assault.

The trial focused heavily on the reliability of the Complainant's identification, with the trial judge providing standard Turnbull warnings on identification evidence and a Lucas direction regarding the Plaintiff's alleged lie in police interview. The appeal challenges the adequacy of the jury directions concerning identification evidence.

Legal Issues Presented

1. Whether the jury directions on the weaknesses of the identification evidence were sufficient to ensure the safety of the conviction.
2. Whether the jury should have been specifically directed to consider the Complainant’s mistaken identification of a juror as relevant to the reliability of her identification of the Plaintiff.
3. Whether the judge should have explained the significance of the Complainant having seen the Plaintiff’s photograph on social media before the formal identification procedure, including the potential for tainting the identification.

Arguments of the Parties

Appellant's Arguments

• The jury directions failed to adequately address the specific weaknesses in the identification evidence, particularly the Complainant’s mistaken identification of a juror, which could indicate a propensity for misidentification.
• The judge did not sufficiently explain the significance of the Complainant having seen the Plaintiff’s photograph on social media prior to the formal identification parade, which might have tainted the identification.
• Reliance was placed on authorities emphasizing the need for tailored Turnbull directions that clearly explain why particular evidence is weak, including R v Keane, R v Pattinson and Oxley, R v Servis, R v I, R v Phillips, and R v Sabir.

Respondent's Arguments

• The judge’s directions were appropriate and sufficient in the context of a short, straightforward trial focusing on a single issue of identification.
• The risk of misidentification due to social media photographs was plainly highlighted during trial, including cross-examination, and the jury was reminded of this risk shortly after the directions.
• The Complainant’s mistaken identification of a juror was a collateral matter, not directly related to the identification of the Plaintiff, and did not require specific judicial direction.
• The Plaintiff’s lie in police interview was properly addressed with a Lucas direction and could support the reliability of the identification.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
R v Turnbull [1976] 63 Cr.App.R 132	Requirement for special caution in jury directions when identification evidence is relied upon.	The judge gave the standard Turnbull warning, emphasizing the need for caution and consideration of circumstances surrounding the identification.
R v Keane [1977] 65 Cr.App.R (S) 247	Importance of tailored jury directions on weaknesses in identification evidence.	Referenced to support the appellant’s submission on the need for specific directions.
R v Pattinson and Oxley (1996) 1 Cr.App.R 51	Further guidance on jury directions relating to identification evidence.	Referenced to emphasize the necessity of explaining specific weaknesses to the jury.
R v Servis [2015] EWCA Crim 2291	Reinforcement of the principle that jury directions must address particular weaknesses in identification evidence.	Used to underline the appellant’s argument for detailed directions.
R v I [2007] EWCA Crim 923	Jury must be told not only what weaknesses exist but why they are weaknesses.	Quoted to stress the necessity of explaining the reasons behind weaknesses in identification evidence.
R v Phillips [2020] EWCA Crim 126	Risk that identification may be influenced by prior viewing of photographs, requiring explanation in directions.	The court noted the judge could have explained this risk but found no necessity given the circumstances.
R v Sabir (Imran) [2023] EWCA Crim 804	Recent authority emphasizing the importance of adequate, case-specific Turnbull directions and the varying significance of any gaps.	The court applied Sabir to assess the adequacy of directions and concluded the directions were sufficient in this case.

Court's Reasoning and Analysis

The court analysed the adequacy of the jury directions in light of the appellant’s challenge that the Turnbull warnings were insufficiently tailored to the specific weaknesses of the identification evidence. It acknowledged that while the judge could have given more detailed explanations—particularly regarding the potential tainting effect of social media photographs—such risks were plainly apparent to the jury through evidence and cross-examination. The judge’s directions, combined with the trial context of a short, straightforward case focused on a single issue of identification, were deemed sufficient.

The court also considered the appellant’s argument concerning the Complainant’s mistaken identification of a juror. It found this to be a collateral matter unrelated to the identification of the Plaintiff and outside the scope of Turnbull directions. The court concluded that while the jury could consider this fact in assessing credibility, it was not necessary for the judge to emphasize it in legal directions.

Further, the court noted that the trial judge gave a Lucas direction on the Plaintiff’s lie during police interview, which could support the reliability of the identification if the jury found the lie was without innocent explanation.

Overall, the court found that the directions covered all essential points adequately and that the safety of the conviction was not undermined by any alleged deficiencies in the directions.

Holding and Implications

DISMISSED

The court dismissed the appeal, holding that the jury directions on identification evidence were adequate and that the conviction was safe. The decision confirms that in straightforward cases with clear evidence and short trials, general Turnbull directions combined with appropriate trial context may suffice without detailed elaboration on every specific weakness. No new legal precedent was established, and the ruling primarily affects the parties by upholding the conviction and sentence against the Plaintiff.