||All England Reporter
|| All ER (D) 33 (Sep)
|| EWCA Crim 1464
||Court of Appeal, Criminal Division
Pill LJ, Nelson and McCombe JJ
||William Andreae-Jones QC (assigned by the Registrar of Criminal Appeals) for the defendant.
||Paul Brown (instructed by the Crown Prosecution Service) for the Crown.
||24 May 2002
Criminal evidence - Visual identification - Possibility of mistaken identification - Witness identifying defendant and making an erroneous identification of other assailant - Whether judge having erred in not excluding identification evidence of witness from jury in circumstances - Whether identification of defendant tainted by erroneous identification.
In the circumstances of the particular case, a judge had been entitled to allow identification evidence of a witness to go before the jury even though another identification that that witness had made in the case had later turned out to be erroneous.
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