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R v Marvin Campbell [2006] EWCA Crim 1305

Although ss 101 and 103 of the Criminal Justice Act 2003 had not been in effect at the defendant’s original trial, the fact that it was in effect at his re-trial meant that the court was obliged to apply the Act and consider admitting evidence of his previous convictions.

13 October 2006

The appellant (C) appealed against his conviction for possession of a Class A drug with intent to supply. Police officers had stopped and searched C. During the search, C had pulled away and his pocket had ripped, causing two packets to fall to the ground. C had run off but was later caught by the police. He denied having any drugs on him, but had been found to be in possession of cash, which he claimed had been from the sale of designer shirts. The packets were found to contain heroin, but C claimed it was for personal use only. At trial, evidence of his previous convictions had not been put before the jury and he had been sentenced to the minimum of seven years’ imprisonment. C appealed, but it had not been heard until over a year later. The appeal had been allowed on the basis that the recorder’s summing-up to the jury had been deficient in a number of respects and a re-trial had been ordered. During that time ss 101 and 103 of the Criminal Justice Act 2003 came into effect ...

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