|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 90 (Dec)|
|Court:||Court of Appeal, Criminal Division|
Kennedy LJ, Curtis and Forbes JJ
|Representation||Timothy Ashmole (assigned by the Registrar of Criminal Appeals) for the defendant.|
|Louise Whaites (instructed by the Crown Prosecution Service) for the Crown.|
|Judgment Dates:||4 December 2003|
Criminal evidence and procedure - Evidence - Prosecution evidence - Witness giving second statement inconsistent with first statement - Judge indicating that he would be unlikely to permit witness to be treated as hostile - Witness called by defence and cross-examined by prosecution - Witness arrested after giving evidence on unrelated matters - Judge rejecting application to discharge jury - Safety of conviction.