Purlis, R v, Court of Appeal - Criminal Division, July 13, 2017, [2017] EWCA Crim 1134

Resolution Date:July 13, 2017
Issuing Organization:Criminal Division
Actores:Purlis, R v
 
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SMITH BERNAL WORDWAVE

Neutral Citation Number: [2017] EWCA Crim 1134

Case No: 201700226 B3

IN THE COURT OF APPEAL

CRIMINAL DIVISION

Royal Courts of Justice

Strand

London, WC2A 2LL

Date: Tuesday 13 July 2017

B e f o r e:

LADY JUSTICE RAFFERTY DBE

MR JUSTICE SWEENEY

HIS HONOUR JUDGE ZEIDMAN QC

(Sitting as a Judge of the CACD)

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R E G I N A

MARCIN DARIUSZ PURLIS

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Computer-Aided Transcript of the Stenograph Notes of

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Mr R Jenkins appeared on behalf of the Appellant

Miss R Beckett appeared on behalf of the Crown

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J U D G M E N T (Approved)1. LADY JUSTICE RAFFERTY: On 16th December 2016 in the Crown Court sitting at Lewes Marcin Dariusz Purlis, 36, was convicted of robbery and sentenced to 12 years' imprisonment. By leave of the single judge he challenges the safety of his conviction.

  1. On 9th July 2015 at about 10 am an armed robbery outside a branch of HSBC in Eastbourne saw the security guard Mr Jackman robbed of a cash box by a man who used a hammer repeatedly to strike him to his torso and his legs. The robber took the empty cash box from Mr Jackman's security van to a getaway vehicle and a nearby dashboard camera, popularly called a "dashcam", captured the robber departing the scene in the car. The Crown's case was that he was the appellant. It led agreed evidence about the circumstances of the robbery and the layout of the scene, images of the robber on the dashcam, that the appellant's home was 0.9 mile from the bank; that the getaway Volkswagen Golf bore false number plates and had been stolen, that it and the empty cash box were found abandoned a few streets from the appellant's home; and that the appellant raised an alibi during his second police interview relying upon a plasterer, Steven Beard whom it called so as to controvert the alibi.

  2. Finally it led evidence from facial mapping expert Clive Evans. He told the jury that by comparing images from the dashcam with photographs of the appellant he could identify features which taken together lent powerful support to the contention that the images were of the same man and which did not exclude the appellant

  3. The defence was alibi. The appellant told the jury that at the time of the robbery he was at home with by Beard. He suggested the facial mapping evidence was mistaken and relied on the absence of science to link him to the van,Golf or cash box, and that Beard had made a mistake about his own timings. He relied on his good character.

  4. Mr Jackman told the jury he reached the bank at about 9.32 and made six or seven trips in and out. The dashcam showed the robber leaving with his booty at 1006. Mr Beard's evidence was that he had gone to the appellant's address nearby at 0800 and was let in by a woman. At 0815 a man in dark clothing arrived and Mr Beard himself quit the address at 0945. He agreed he had told the police initially that he departed at 0955 but he explained that that had been an error. 0955 was the timing of a mobile telephone call to his next customer whilst he sat outside the appellant's address which, he repeated, he had quit at 0945.

  5. Mr Evans recounted his more than 27 years experience of imagery analysis, and that images from the dashcam were of good quality. The lighting was natural and the robber (referred to as "Man X") close to the camera. There were 30 frames per second. Over some 16 hours his analysis took in facial landmarks of Man X - for example eyes, lips, ears - which did not permit him to exclude the appellant. He reviewed similarities between Man X and an image of the appellant. Both had visible dark tone marks around the face...

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