Source: All England Reporter
Publisher Citation: [2003] All ER (D) 287 (Jan)
Neutral Citation: [2003] EWCA Crim 43
Court: Court of Appeal, Criminal Division
Judge:

Pill LJ, Aikens and Davis JJ

Representation Anthony Davis QC and Simon Privitt (assigned by the Registrar of Criminal Appeals) for the defendant.
  Guy Boney QC and Matthew Scott (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 29 January 2003

Catchwords

Criminal evidence and procedure - Trial - Summing up - Direction to jury - Prosecution witnesses - Adjournment for first witness to reread statement - Prosecution permitted to treat second witness as hostile - Third witness providing evidence favourable to defence - Adequacy of directions.

The Case

The defendant's conviction for murder was unsafe because the judge had misdirected and not directed the jury appropriately on the evidence of the witnesses of fact.

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