| Source: | All England Reporter |
| Publisher Citation: | [2002] All ER (D) 33 (Sep) |
| Neutral Citation: | [2002] EWCA Crim 1464 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Pill LJ, Nelson and McCombe JJ |
| Representation | 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. | |
| Judgment Dates: | 24 May 2002 |
Catchwords
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.
The Case
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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