Brewster & Anor v R.

Neil Ian Brewster and Dayo Cromwell were convicted by majority verdicts at Coventry Crown Court of kidnapping Amber Davis, with additional theft convictions for Brewster, after an incident in Station Square where Davis was confronted over a supposed drug debt, forced to drive, and compelled to withdraw a3100 under threat of an axe before escaping to Stoney Stanton Road police station. On appeal, Lord Justice Pitchford, sitting with Mr Justice MacDuff, considered the sole ground that HHJ Coates wrongly prevented cross-examination of Davis on her bad character, which included prior convictions for burglary, manslaughter (arising from conduct with Phillip Barnes involving a car incident with Mr Sturdy), drug supply, and shoplifting. The Court of Appeal clarified Section 100(1)(b) of the Criminal Justice Act 2003, rejecting a narrow focus on dishonesty and recognizing direct relevance of the manslaughter facts to the defense narrative and cumulative probative value of Daviss record. Concluding that the exclusion was erroneous and that the verdicts were unsafe, the court allowed the appeal.