| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 90 (Dec) |
| Court: | Court of Appeal, Criminal Division |
| Judge: | 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 |
Catchwords
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.
The Case
The defendant's conviction for assault occasioning actual bodily harm was safe because the judge had not erred in indicating to counsel his provisional view on a possible application to treat a witness as hostile and in refusing to discharge the jury because of their knowledge that the witness had been arrested on an unrelated matter.
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