Source: All England Reporter
Publisher Citation: [2004] All ER (D) 73 (Aug)
Court: Court of Appeal, Criminal Division
Judge:

Latham LJ, Grigson J and Sir Edwin Jowitt

Representation Stephen Bentley (assigned by the Registrar of Criminal Appeals) for the defendant.
  Alison Dorrell (instructed by the Crown Prosecution Service) for the prosecution.
Judgment Dates: 13 August 2004

Catchwords

Criminal evidence and procedure - Appeal - Unsafe conviction - Identification evidence - Failure of victim to identify defendant - Effect on conviction.

The Case

The victim's failure to positively identify the defendant positively rendered the defendant's conviction for robbery unsafe. Accordingly, the defendant's appeal against his conviction was allowed, and the conviction was quashed.

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